Wilhelm Rechtsanwälte

 
 
 
 
 
 
News

"Absolutely excellent work": Clients recommend Wilhelm

News

WILHELM wins FinTech Award 2018 for advising Insurtechs

News

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

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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 law 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)

FinTech Awards 2018: 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 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

We would be happy to advise you on the best choice of legal representation wherever around the globe you need support.

 

 

 

 

 

 

 

 

 

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)

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)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

Dr. Friedrich Isenbart

Dr. Friedrich Isenbart

Cäsar Czeremuga

Cäsar Czeremuga, LL.M.

Christian Drave, LL.M.

Christian Drave, LL.M.

Magdalena Möhlenkamp

Magdalena Möhlenkamp

Martin Kandzia

Martin Kandzia

Tobias Wessel

Tobias Wessel

Frederic Neu

Frederic Neu

Andreas Shell

Dr. Andreas Shell

Albrecht Birke

Albrecht Birke

Bernd Guntermann, LL.M.

Bernd Guntermann

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 is Head of our Litigation-Team . He represents companies, public corporations and decision-makers to ward off claims or to assert damages or cover claims.

The first goal of our advice is always to find a pragmatic dispute resolution out-of-court. Often however, a judicial proceeding is inevitable. Our clients then profit from Lars Winkler‘s extensive trial experience and legal know-how in insurance and liability law, corporate law and labour law.

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

Liability

  • Claiming against and defending managers and board members
  • Advice on issues regarding liability, employment and labour in critical business situations
  • Product liability law and product insurance law
  • Assessment and assertion of damages

Dispute resolution in further areas

  • Representation of companies in matters regarding the collective labour law (mergers, partial shut downs, section 613 a German Civil Code) 
  • Representation of social insurance carriers in disputes with third parties
  • Advice and representation of companies, board members and mangers in proceedings regarding individual labour law (e.g. protection against dismissal)

Lars Winkler worked several years as a partner for a medium sized law. In 2006, he founded the law firm Wilhelm together with Dr. Mark Wilhelm.

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)

"Analytically outstanding"  (Legal 500 Germany 2017)

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

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.

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 in critical situations on liability and insurance law. He is Head of the department Property Insurance at WILHELM and advises clients for example in case of damage to machines and plants, and how to compensate losses due to business interruptions. 

Cäsar puts another focus on product liability, advising producers and distributors during recalls on liability issues and related insurance cover. 

Insurance

  • Settlement of insured events out-of-court and through litigation
  • Drafting of contracts regarding technical insurances
  • Coverage disputes i.a. under machinery insurance, erection all risks (EAR) insurance and business interruption insurance
  • Handling matters regarding product liabilty insurance and recall costs insurance

Liability

  • Assertion and enforcement of recourse claims
  • Defending producers of defective products against claims for compensation

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.

 

 

 

 

 

 

 

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.

Recommendations

"Professional, solution-oriented and very assertive negotiator"  (Legal 500 Germany 2017)

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 companies and decision makers on corporate and liability law.

Magdalena Möhlenkamp focuses among others on risk management and the design of compliance systems. Magdalena Möhlenkamp advises companies and decision makers on minimizing liability risks, for example in the context of transactions and investments or in critical situations of the company. In this context, she considers insolvency and insurance law issues.

Corporate law

  • Advisory of companies and decision makers on corporate design options
  • Preparation of decisions of managers and supervisory boards with regard to the prevention of personal and corporate liability
  • Restructuring and reorganization

Compliance

  • Drafting and design of compliance systems
  • Assessment and optimization of processes and organizational structures
  • Advice on individual measures with regard to the avoidance of personal and corporate liability

Liability

  • Evaluation of liability potentials
  • Advising companies and decision makers in crisis
  • Advice of decision makers on (imminent) claims for damages

Magdalena Möhlenkamp studied law at the University of Passau and at the Rheinische Friedrich-Wilhelms University in Bonn. She passed a specialist language training for lawyers in English. During her legal traineeship, she worked with a leading corporate law firm specializing in property and liability law in New York City.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Martin Kandzia

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

Tax

  • 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) 30 . 81 72 732-10
frederic.neu@wilhelm-rae.de

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

Working at our Berlin office, he advises companies and decision-makers on matters such as:

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.

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

Bernd Guntermann

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.

 

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

18 July 2018

New cooperation partner in Poland

Leading Polish law firm DZP and WILHELM conclude cooperation agreement. 

With 140 attorneys at offices in Warsaw, Wroclaw and Poznań, DZP (Domański Zakrzewski Palinka) is one of Poland's largest law firms. It was awarded Poland's Law Firm of the Year for several times by renowned publications such as has The Lawyer  and Chambers Europe.

With the cooperation, both partners strengthen their advice on all issues relating to Polish-German trade and business. A focus of joint legal services is on corporate law, contract law and insurance law.

"We are very happy to have found a strong partner in Poland for our growing international network" says Cäsar Czeremuga, Head of the Polish Desk at WILHELM. "Our clients with cross-border business will profit from our extended legal services."

Please contact Cäsar Czeremuga (+49 211 687746-19 / caesar.czeremuga@wilhelm-rae.de ) for more information on how we can support clients with matters in Poland and Germany.

 

 

Link(s)

12 April 2018

'Creative, ‘analytically outstanding' and 'very assertive'

Clients praise Wilhelm Lawyers in new edition of Legal500

'Praised for its ‘profound knowledge’, Wilhelm Rechtsanwälte Partnerschaft von Rechtsanwälten mbBis ‘very pleasant to work with’ and has a specialism in acting for insured industry clients, which includes a number of energy, chemical and pharmaceutical sector players alongside construction and real estate clients, as well as reinsurance companies, in court and out-of-court liability and coverage proceedings with particular expertise in D&O insurance and product liability matters.'

The full ranking and all clients' quotes can be found online at www.legal500.com

 

8 March 2018

"Absolutely excellent work" - Chambers recommends WILHELM

Our firm was recommended by Chambers & Partners' Europe Guide for the fourth straight year

Chambers' Europe Guide 2018 released today again paints a clear picture: WILHELM is the only policyholder firm in German Insurance Law praised by clients and competitors alike:

"One client enthuses over the team's expertise and client-oriented approach to solutions: 'Overall it is absolutely excellent work. The lawyers have high legal expertise and understand the client's need to come to pragmatic solutions in complex legal issues.' Another source admires the responsiveness of the practice: 'The team is always accessible, friendly and timely.'"

We thank our clients for recommending us reliably and recurrently.

For the complete ranking and recommendation please visit: www.chambersandpartners.com

 

31 January 2018

WILHELM wins FinTech Award 2018

British magazine honors the firm's recent advice of the InsurTech industry

The British magazine Finance Monthly has awarded WILHELM Rechtsanwälte the FinTech Award 2018 in the category "Insurance Law Firm of the Year - Germany". The firm has recently advised various insurtechs and companies on digital business models, including product development and regulatory and insurance matters.

Since 2017, the financial magazine has paid tribute to companies and law firms that have rendered outstanding services in advising financial technology-driven clients with the FinTech Awards on the basis of recommendations and market observations.

For more information please visit www.finance-monthly.com

 

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

 

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
 
Düsseldorf:
Reichsstraße 43
40217 Düsseldorf
Germany
Telefon: +49 (0)211-68 77 46-0
Telefax: +49 (0)211-68 77 46-20
E-Mail: info@wilhelm-rae.de
 
Berlin:
Mommsenstraße 45
10629 Berlin
Germany
Telefon: +49 (0)30-8172732-0
Telefax: +49 (0)30-8172732-20
E-Mail: berlin@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, 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:

1. NAME AND CONTACT DATA OF THE RESPONSIBLE FOR PROCESSING AND THE OPERATIONAL DATA PROTECTION OFFICER

This data protection information applies to data processing by:
Responsible party: Wilhelm Rechtsanwälte (hereinafter: WILHELM), Reichsstraße 43, 40217 Düsseldorf, Germany Email: info@wilhelm-rae.de  Telephone: +49 (0)211 – 6877460 Fax: +49 (0)211–68774620

The operational data protection officer of WILHELM can be reached under above address, for the attention of Mr. Tobias Wessel, or under tobias.wessel@wilhelm-rae.de.

2. COLLECTION AND STORAGE OF PERSONAL DATA AND THE NATURE AND PURPOSE OF THEIR USE

2.1 When visiting the website

When you visit our website www.wilhelm-rae.de, the browser used on your device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information will be collected without your intervention and stored until automated deletion:

  • IP address of the requesting computer,
  • date and time of access,
  • name and URL of the retrieved file,
  • Website from which access is made (referrer URL),
  • the browser used and, if applicable, the operating system of your computer as well as the name of your access provider.

The data mentioned are processed by us for the following purposes:

  • ensuring a smooth connection set up of the website,
  • ensuring comfortable use of our website,
  • Evaluation of system security and stability. and
  • for further administrative purposes.

The legal basis for data processing is Sec. 6 para. 1 p. 1 lit. f GDPR. Our legitimate interest results from the data collection purposes listed above. In no case will we use the collected data for the purpose of drawing conclusions about you.  In addition, we use cookies and analysis services at the visit of our website. Further details can be found under cyphers 4 and 5 of this data protection declaration.

2.2 Using our contact form

For questions of any kind, we offer you the opportunity to contact us via a form provided on the website. It is necessary to provide a name and a valid e-mail address so that we know who the request came from and in order to answer it.

The data processing for the purpose of contacting us is in accordance with Sec. 6 para. 1 p. 1 lit. a GDPR is based on your voluntarily granted consent.
The personal data collected by us for the use of the contact form will be automatically deleted after completion of your request.

3. DISCLOSURE OF DATA

A transfer of your personal data to third parties for purposes other than those listed below will not take place.

We only share your personal information with third parties if:

  • You expressly gave your consent to this according to Sec. 6 para. 1 sentence 1 lit. a GDPR
  • The disclosure pursuant to Sec. 6 para. 1 sentence 1 lit. f GDPR is required to assert, exercise or defend legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data,
  • in the event that disclosure pursuant to Sec. 6 para. 1 sentence 1 lit. c GDPR is a legal obligation, and
  • this is legally permissible and required according to Sec. 6 para. 1 sentence 1 lit. b GDPR for the settlement of contractual relationships with you.

4. COOKIES

We use cookies on our site. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not harm your device, do not contain viruses, Trojans or other malicious software.

The cookie stores information resulting in connection with the specific device used. However, this does not mean that we are immediately aware of your identity.

On the one hand, the use of cookies serves to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages on our website. These are automatically deleted after leaving our website.

In addition, to optimize ease to use, we also use temporary cookies that are stored on your device for a maximum of 24 months. If you visit our site again to take advantage of our services, it will automatically recognize that you have already visited our site and what inputs and settings you have made, so you do not have to re-enter them.

On the other hand, we use cookies in order to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer (see cypher 5). These cookies allow us to automatically recognize when you visit our site again that you have already visited it before. These cookies are automatically deleted after 26 months at the latest.

The data processed by cookies are required for the purposes mentioned in order to safeguard our legitimate interests as well as third parties according to Sec. 6 para. 1 sentence 1 lit. f GDPR.

You can manually delete cookies through your browser settings at any time. You can also configure your browser so that no cookies are stored on your computer or a note always appears before a new cookie is created. However, disabling cookies completely may mean that you cannot use all features of our website.

5. TRACKING TOOLS

The tracking measure described below and used by us is based on Sec. 6 para. 1 sentence 1 lit. f GDPR. With the tracking measure used, we want to ensure that the design is tailored to requirements and the ongoing optimization of our website. On the other hand, we use the tracking measure to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as justified within the meaning of the aforementioned provision.

The respective data processing purposes and data categories can be found in the corresponding tracking tool.

5.1 Google Analytics

We use Google Analytics, a web analytics service provided by Google Inc. (https://www.google.com/intl/en/about/) (1600 Amphitheater Parkway, Mountain View, CA 94043, USA, hereinafter "Google”) for the purpose of customizing and continually optimizing our pages. In this context, pseudonymised user profiles are created and cookies (see cypher 4) are used. The information generated by the cookie about your use of this website such as

  • browser type / version,
  • operating system used,
  • referrer URL (the previously visited page),
  • host name of the accessing computer (IP address),
  • time of server request,

are transmitted to a Google server in the US and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and tailor-made website design. This information may also be transferred to third parties if required by law or if third parties process this data by order. Under no circumstances will your IP address be merged with any other data provided by Google. The IP addresses are anonymized, so that an assignment is not possible (IP masking).

You can prevent the installation of cookies by setting the browser software accordingly; however, we point out that in this case not all features of this website may be fully used.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https: //tools.google.com/dlpage/gaoptout?hl=de).

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent detection by Google Analytics by clicking on the following link:

Out-out of Google Analytics.

An opt-out cookie will be set that will prevent the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you have to set the opt-out cookie again.

For more information on the terms of use and data protection of Google Analytics, please visit http://www.google.com/analytics/terms/en.html and https://www.google.com/intl/en/policies/.

5.2 Google Maps

Our website uses Google Maps (API), another service of Google LLC. Google Maps is an online interactive map service that visually displays geographic information to help you get to our offices.

When you visit the page where the Google Maps map is embedded, data is sent to Google's servers in the US and stored there, especially your IP address, regardless of whether you have a user account on Google. If you have an account and are logged in, Google may be able to associate your data directly with your account.

Data processing takes place on the basis of our legitimate interests, in particular our interest in the analysis, optimization and operation of our online offer within the meaning of Sec. 6 para. 1 lit. f) GDPR.

For more information about Google's data usage, hiring and disagreement options, visit Google's websites, for example: http://www.google.com/intl/en/policies/privacy/

6. RIGHTS OF PERSONS AFFECTED

Your have the right:

  • in accordance with Sec. 15 GDPR, to request information about your personal data processed by us. In particular, you may request information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed or will be disclosed, the planned storage period, the right to correction, deletion, limitation of processing or opposition, the existence of a right to complain, the source of your data, if not collected by us, and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;
  • pursuant to Sec. 16 GDPR, immediately demand the correction of incorrect or incomplete personal data stored with us;
  • pursuant to Sec. 17 GDPR, to demand the deletion of your personal data stored by us, unless the processing is required for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
  • to demand the restriction of the processing of your personal data according to Sec. 18  GDPR, as far as the accuracy of the data is disputed by you, the processing is unlawful, but you reject its deletion and we no longer need the data, but you need those to assert, exercise or defend legal claims or you have objected to the processing in accordance with Sec. 21 GDPR;
  • in accordance with Sec. 20 GDPR, to receive your personal data provided to us in a structured, standard and machine-readable format or to request transmission to another person responsible;
  • according to Sec. 7 para. 3 GDPR, to revoke your once given consent to us at any time. As a result, we are not allowed to continue the data processing based on this consent for the future and
  • to complain to a supervisory authority pursuant to Sec. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or work or our office.

7. RIGHT TO OBJECTION

If your personal data are processed on the basis of legitimate interests in accordance with Sec. 6 para. 1 sentence 1 lit. f GDPR, you have the right to file an objection against the processing of your personal data in accordance with Sec. 21 GDPR, provided that there are reasons for this arising from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which is realized by us without specifying any particular situation.

If you would like to exercise your right of revocation or objection, please send an e-mail to info@wilhelm-rae.de.

8. DATA SECURITY

We use the popular SSL (Secure Socket Layer) method within the site visit, in conjunction with the highest level of encryption supported by your browser. In general, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we will use 128-bit v3 technology instead. Whether a single page of our website is encrypted is shown by the closed representation of the key or lock icon in the lower status bar of your browser.

We also take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

9. UPDATE AND CHANGE OF THIS DATA PROTECTION DECLARATION

This data protection declaration is currently valid and is valid as of May 2018.

As a result of the further development of our website and offers thereof or due to changed legal or official requirements, it may be necessary to change this data protection declaration. The current data protection declaration can be viewed at any time on the website at http://www.wilhelm-rae.de/impressum. 

 

 

About this website:

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