Litigation – help when it comes to the crunch

When it comes to the crunch, it’s good to have a strong partner by your side. Commercial litigation is not only complex, it can also be lengthy. Since the outcome of a dispute has a significant impact on both a company and its owners, is also of existential importance for those involved. In business, disputes that may end up before the courts can arise for many reasons. And if they do, it is vital to have experienced counsel who can possibly avoid court proceedings through skilled negotiating. If litigation is unavoidable, Schultze & Braun knows how to represent your interests and enforce your claims.

Overview

Shareholder disputes

Differing opinions about the strategic development of the company or disagreements within a family of owners are just two examples of shareholder disputes that arise in companies. Resolving these conflicts is often quite complex – especially because negative impacts on the business must be considered and avoided at all times. So handling shareholder disputes requires particular sensitivity. But on its own that is not enough: In the case of disputes between shareholders, advice on tax implications is needed alongside legal guidance. So when tackling shareholder disputes, it is a good idea to have a team drawn from multiple disciplines who can consider and control all of the potential repercussions.

Directors’ and officers’ liability

Directors, board members and other company officers such as supervisory board members have a wide range of duties and are exposed to diverse liability risks. The risks of liability for directors and officers are intensified if the company is in financial distress. In this case, the members of the company’s organs can face both civil and criminal consequences. To avoid liability, directors, management board members and representatives of other company organs must address the potential liability risks of their business activities and game out the potential consequences of breaches of duty at an early stage. This will enable them to assess the risks and their consequences and take appropriate precautions to ensure that liability is never incurred. At the same time, it may be necessary for companies to hold directors, management board members or supervisory board members liable for loss or damage arising as a result of breaches of duty.

Avoidance in insolvency

Disputes which may be decided by a court can also arise during insolvency. Whether as a supplier, customer, landlord, shareholder or lender to an insolvent company: avoidance in insolvency can bring significant financial disadvantage to creditors. In these cases, it is important to have the support of an advisor with insolvency expertise who can advise both companies and their owners and help them fend off avoidance claims or take precautions to ensure that such claims never arise.

Post-Merger-Streitigkeiten

In corporate transactions, legal disputes can arise after contracts are signed. In most cases, signature of a contract to buy or sell a company does not mean that actual transfer of the company is complete. So even after a transaction there can be disagreements between buyer and seller that need to be resolved, either out of court or by an ordinary court or arbitral tribunal. These include disputes concerning breaches of warranty or unilateral changes to the purchase price.

Litigation

Litigation with Schultze & Braun

At Schultze & Braun, we use our many years’ experience of procedural law in all relevant commercial fields to help our clients. We enforce their own claims efficiently and defend against the unjustified claims of others. We also represent business operators and managers in shareholder disputes, help them enforce or defend against liability or avoidance claims and show them how to pre-empt and minimise the risks of such claims. We can also help you deal with disputes out of court or before civil arbitral tribunals as well as with court proceedings in Germany and abroad. If necessary, we can call on our global partner network with a range of specialist expertise. And when it comes to post-merger disputes, you will benefit from our know-how on two fronts: our litigation experience and our extensive expertise in designing and advising on corporate transactions.

How can we help you?

More information

Liability of managers

Liability of advisors

Avoidance of insolvency

Contact

Defend perspectives

Dr. Pascal Schütze
Rechtsanwalt (Attorney at Law), Fachanwalt für Bau- und Architektenrecht (Certified Specialist in Building Law and Architectural Law)

More contact persons

Call +49 7841 708-141 Direct message

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