Germany's rapidly growing economy — the fourth largest in the world and the largest in Europe — offers uniquely attractive trade and investment opportunities. German businesses are among the leading exporters in the world, and the German economy is one of the largest importers of goods and services worldwide.
With more than 45 resident lawyers and notaries in the two German offices, the Berlin office is K&L Gates' first office in continental Europe and is considered a leading and reputable office in the capital city. Together with our Frankfurt office, which opened in 2009 our team provides clients with advice in domestic as well as out-bound legal matters.
The group's main practice areas include corporate, M&A, real estate transactions, banking and finance, and projects and public procurement, as well as corporate matters in such fields as real estate and telecommunications, media and technology (TMT).
The German Cross-border practice in our U.S. offices offers a wide range of services on both in and outbound cross-border corporate, business, financing, intellectual property, and litigation matters for the firm's large, mid-size, and emerging growth company clients.
Clients include German and international blue chip companies, major international utility service providers, renewable energy project developers, investment banks, private equity, and hedge and venture capital funds as well as a variety of national and international businesses.
Key areas of practice for our German offices include:
German Corporate / M&A
Mergers and acquisitions are a focal point of K&L Gates' German practice. The M&A group provides an integrated cross-border service for industrial clients, financial institutions, and financial investors. Our experience extends to a wide range of M&A transactions from domestic to highly complex international deals.Our integrated German corporate and M&A team possesses deep knowledge in transactional matters due to its longstanding experience in the respective fields.
Our engagements encompass both private and public M&A transactions. We address every aspect of the transaction, including finance, regulatory, compliance, and corporate governance aspects as well as administrative and employment law issues. The group has a strong reputation for its innovation, commerciality, and technical ability.
Our main areas of focus include:
- Cross-border and domestic acquisitions and divestitures of private companies, including advising sellers and buyers in large auction processes
- Public takeovers and securities law
- Distressed M&A transactions
- International joint ventures
- Leveraged buy-out transactions, including MBOs, MBIs, recapitalizations, and public to private transactions
- Public private partnership projects
- Corporate restructurings
German Cross-Border
K&L Gates practitioners resident in the firm's German offices and their peers in the United States support the firm's national and international practice and deal with cross-border transactions involving the United States, Germany, Austria, Switzerland, and other European countries. The team offers a unique combination of domestic and cross-border experience in corporate, business, banking and finance, intellectual property, and real estate transactions and litigation as well as policy, regulatory, and government relations matters.
For additional information, please e-mail or contact:
- Dirk Michels in Palo Alto at or (650) 798-6709 or
- David Murdoch in Pittsburgh at or (412) 355-6472 or
- Mark S. Scott in Miami or (305) 539-3381
Mr. Michels is admitted to practice law both in California and in Germany. Mr. Murdoch, a Pennsylvania lawyer, is also an Honorary Consul of the Federal Republic of Germany. Mr. Scott is a native German speaker and is admitted to practice law in Florida and New York. He is regularly available in our Frankfurt and Berlin offices to advise our clients on doing business in the United States.
German Finance
Our German finance lawyers represent both lender and borrower clients in aircraft finance, acquisition finance, project finance, commercial lending, asset-based lending, structured finance, and equipment leasing. Many of our financings involve multiple countries. Our offices work together to provide mutual support for such transactions.
K&L Gates represents not only financial institutions, but also corporate and other business borrowers, in both secured and unsecured commercial credit facilities, including cash-flow and asset-based transactions.
We assist clients in perfecting and enforcing security interests in all kinds of collateral, including aircraft, rolling stock, equipment, inventory, and insurance policies. We handle acquisition financing, warehouse lines of credit, loans to regulated industries, and other specialized lending arrangements.
Our finance lawyers have significant experience with asset-based lending, equipment leasing, and structured finance equipment leasing of specialized assets, such as aircraft or containers. We also advise clients concerning cross-border leasing arrangements.
Clients have also looked to us to assist with the preparation of prototype lease documents, the acquisition or sale of equipment leasing portfolios, and the securitization of such portfolios.
German Labor and Employment
The German employment law group of K&L Gates advises clients on all legal issues concerning directors and staff, including employment law, compensation and benefits, social security, tax, and immigration. The group is also particularly experienced with the structuring of complex benefit schemes, including pensions. The group’s work covers transactional services with relation to employment as well as the representation of employers in court. The group’s clients range from mid-size companies to large corporations with a focus on the technology industry. The German employment group is listed among the leading firms in Chambers Europe 2009.
The employment group works very closely with our:
- M&A group
- Projects team on privatizations and public-private partnerships
- Intellectual property group on employees’ inventions, the assignment of proprietary rights of employees, and data protection
- Restructuring lawyers on employees’ rights in the event of insolvency
Our main areas of focus include:
- Employment agreements with directors and officers
- Advice on the liability of directors and officers
- Structuring of compensation and benefit schemes
- Structuring and restructuring of pension schemes
- Advice on non-competition clauses and their enforcement
- Restructuring of companies and outsourcing
- Termination of employment agreements including mass dismissals
- Cross-border secondments of employees
- Employees’ inventions and the assignment of proprietary rights
- Negotiations with works councils
- Social security
- Wage tax
- Corporate immigration
- Employment-related transactional services
- Employment litigation
German Real Estate
Our German real estate team provides comprehensive advice on real estate-related matters. We assist our clients with the acquisition of real estate portfolios, including advice on the development of real estate and infrastructure projects regarding commercial, industrial, and residential properties. Our legal services include due diligence, the drafting and negotiation of contracts, finance, and all related legal matters.
We work closely with colleagues who focus on environmental, construction, zoning, and architectural law. Our European finance practice complements these services.
Our advice on investment properties covers a range of real estate-related issues, such as landlord-tenant matters, insurance, the law applicable to works and services, and building and planning law as well as claim and contract management, including the judicial enforcement of claims and their execution.
We have extensive experience with refinancing and restructuring as well as the sale and purchase of real estate located abroad. When coordinating due diligence, we also offer the set-up and administration of physical and virtual deal rooms.
Clients include local and international investment funds, real estate companies, investment banks, and private investors.
Our real estate team works closely with colleagues in the following related fields:
- Corporate
- Projects and finance
- Tax
- Construction and engineering
- Environmental and planning
German Environmental, Land Use, and Natural Resources
K&L Gates’ German environmental group aims to deliver commercially focused, sustainable, and cost-effective solutions that meet clients’ objectives. We find solutions by negotiation wherever practicable. We have an in-depth knowledge of current environmental and planning issues. Our experience also covers related issues including sustainable development, retail, housing, health care, historic buildings, and conservation. We conduct environmental and planning disputes. For our clients we liaise with public authorities and negotiate agreements under public law related to any issues under planning or environmental law. We undertake planning and environmental due diligence for both property and corporate transactions.
The Environmental, Land Use, and Natural Resources group works very closely with our:
- Real estate practice on transactions and developments
- Corporate practice on mergers and acquisitions
- Projects and projects finance practice
- Construction and engineering practice
Our main areas of focus include:
- Development consent
- Contaminated land
- Environmental permits
- Environmental compliance
- Heritage and conservation
- Contracts under public law
- Administration and court proceedings
German Construction and Engineering
K&L Gates’ German construction and engineering practice aims to deliver commercially focused, sustainable, and cost-effective solutions that meet client objectives. We find solutions by negotiation wherever practicable, and we have an in-depth knowledge of current construction and engineering issues. We assist our clients with the everyday issues and battles that are part of the construction and engineering industry.
Our core practices are construction project support and dispute resolution. Our experience also covers related issues including public procurement law, environmental and planning issues, and infrastructure projects.
The construction and engineering practice works very closely with our:
- Environmental practice
- Real estate practice
- Projects and projects finance practice
Our main areas of focus include:
- Contract negotiation and preparation
- Development
- Procurement
- Claim preparation
- Dispute resolution, including ADR and arbitration
- Insurance coverage
- Construction and bankruptcy
- Architect malpractice
German Telecom, Media & Technology
K&L Gates’ Telecom, Media, and Technology (TMT) group is experienced in dealing with all TMT-related matters and in particular the increasing convergence of telecom, media, and technology. Our interdisciplinary structure with fully integrated practices provides exceptional client service.
The German TMT team enjoys a strong reputation for developing commercially viable solutions to complex legal issues, and team partners are frequently recognized by JUVE, Legal 500, Best Lawyers, Legal Success / Handelsblatt, and Chambers Europe as leading practitioners in their fields.
Our success can be attributed to our high standards of service, extensive industry experience, and longstanding relationships with important market participants. The team works closely with colleagues in the UK , France , the United States, and Asia , providing quality local advice to meet our clients’ needs.
Our main areas of focus include:
Telecommunications
- Access and fee regulation matters
- Frequency and license proceedings
- Operational and “set-up and supply” contracts
- Consumer protection issues
- Other regulatory proceedings
Media
- Negotiation of content and distribution agreements
- Enforcement of copyright claims
- Collecting societies
- Film licensing, production, and financing
- All kinds of IT contracts
- Media regulation
Technology
- Outsourcing agreements
- Internet and e-commerce including contracts, copyright, and regulatory issues
- Data protection, nondisclosure, and encryption
- IT compliance
General Intellectual Property
- Trademark rights, design protection, patents, and utility patents
- Advice on all issues of unfair competition
Our clients include:
- Various mobile network operators
- Regional, national, and international fixed line operators
- internet backbone providers and Internet service providers
- Television and radio stations
- Collecting societies
- Software developers
- Internet platform operators and other “Web 2.0” companies
- Hardware producers
- Investment banks, venture capitalists, and private equity companies
German Antitrust and Trade Regulation
In the increasingly global marketplace, national and multinational antitrust and competition considerations are core strategic issues for most industries. With more than 60 professionals in 33 offices in North America, Europe, and Asia , K&L Gates’ antitrust and trade regulation practice group is everywhere our clients are, helping them minimize antitrust and competition law risk. Competition law in the EU Member States is governed by the Treaty of Rome (as amended) and each of the 27 Member States’ own competition laws. In Europe , K&L Gates acts as “European Counsel” for clients wishing to maintain a single point of contact for the management and coordination of antitrust and regulatory services for their business ventures in the various EU jurisdictions. K&L Gates’ competition lawyers in Germany are an integral part of K&L Gates’ international antitrust and trade regulation practice.
The antitrust and trade regulation lawyers work closely with our:
- Corporate, M&A, and securities practice
- Telecom, media, and technology practice
- Outsourcing and commercial transaction practice
- Transportation practice
- Litigation and dispute resolution practice
We provide advice regarding a variety of issues under German and EU competition laws, including:
- Merger notifications and challenges
- Horizontal and vertical aspects of commercial transactions and agreements
- Dominant market position issues
- Sector-specific regulation, state aid
- Public procurement
In addition to experience with and knowledge of the antitrust laws, winning an antitrust case — or avoiding one — requires an understanding of the industry and its products, services, and geographic markets. Experience in the following German industries, among others, gives our German lawyers insight into the business conditions and strategic challenges faced by our clients and other participants:
- Automotive
- Aviation
- Biotech and pharmaceuticals
- Construction
- Franchisor-franchisee relations
- Health care
- Paper and packaging
- Solar energy and equipment
- Transportation and travel
- Technology media telecoms (TMT)
- Water and waste water