Compliance & directors’ liability

Few areas of commercial law have undergone such a thorough change in recent years, due to constantly increasing requirements, as the compliance of management.  This is also highly relevant to liability. We analyse and evaluate your compliance systems according to your needs and sector-specific requirements profile and advise you holistically on all compliance issues.

The best compliance system in the world doesn’t add any value or avoid liability claims if it isn’t adhered to. That’s why we train your staff and management on all the compliance topics relevant to liability and with a view to responding properly to suspected or established non-compliance.

Are you dealing with a suspected non-compliance incident? We’ll give you support by carrying out effective, and at the same time discrete, internal investigations. You can take advantage of our many years of experience in solving complex national and international cases. In contacting the regulatory authorities and law enforcement, too, we’ll be at your side in commercial legal proceedings.

A non-compliance incident can quickly threaten to turn into a public loss of image.   We’ll support you in communicating with committees, stakeholders and regulatory bodies to minimise the damage as much as possible (reputation management).

We have many years of experience in dealing with liability issues – both in advising companies and their organs. That’s why we draft expert opinions on the liability of the company and its organs towards internal parties or third parties in advance of any claims against directors, executive or supervisory board members. We advise companies and their organs on the prospects of success of a claim and assess risks.

We represent directors, executive board and supervisory board members as well as the companies concerned in D&O liability proceedings in and out of court.  In recent years the lawyers at our interdisciplinary and international team have represented clients in some of the largest D&O liability cases in Germany. We enjoy a high reputation with our clients and competitors alike. Our extensive understanding of commercial liability law includes cases concerned with liability towards internal parties and third parties or officers for breach of their duties, for example in acquiring targets or other risky business decisions, just as much as liability related to breaches of duties to publish company information under capital markets law.

Besides giving advice on liability avoidance strategies in advance, we also advise on asset protection for management when a claim has been asserted.