Germany Practice
Orrick Hölters & Elsing is the German operation of Orrick, Herrington & Sutcliffe LLP, one of the world's largest global law firms with 22 offices throughout the world and the result of a merger in 2008 between Orrick and Hölters & Elsing.
Hölters & Elsing had a successful 20-year history as one of the most prominent independent German law firms with an outstanding international reputation among a prestigious local and global client base. In 2008, Hölters & Elsing and Orrick combined their practices and brought together their shared values of entrepreneurial spirit, professional thought leadership and passion for superior client service.
German Heritage: Düsseldorf, the capital of Nordrhine-Hölters & Elsing co-founders outline from the firm's beginnings through the merger with Orrick and how they have increased global depth and strength. Westfalia, is where the first office of Hölters & Elsing opened in 1989, followed by the Berlin office in 1993 and the Frankfurt office in 2000. The year the Iron Curtain fell, 1989, was the year Dr. Wolfgang Hölters and Prof. Dr. Siegfried H. Elsing founded Hölters & Elsing to provide clients with the strategic legal advice that would be needed to take advantage of the vast business opportunities resulting from this new spirit of political change and economic optimism.
Founding Partners: Dr. Wolfgang Hölters and Prof. Dr. Siegfried H. Elsing are established and well-respected lawyers, having developed formidable reputations at their respective previous law firms. In addition to complementing each other's legal skills, Dr. Wolfgang Hölters and Prof. Dr. Siegfried H. Elsing shared an entrepreneurial outlook, a passion for complex legal challenges and a commitment to the highest standards of client service.
Fifty-five lawyers, partners and of-counsel are located in Düsseldorf, Berlin and Frankfurt, providing clients with practical, efficient and dependable legal services in all areas of commercial law related to the German market, as well as cross-border transactions with multi-jurisdiction requirements. We focus on strategic counsel that goes beyond legal assistance; we seek results through long-term solutions that significantly strengthen our clients’ businesses.
Orrick Hölters & Elsing provides clients with access to an international network of Orrick lawyers who work together on integrated project teams that leverage the experience of all necessary practices and jurisdictions. The legal services provided by our lawyers in Düsseldorf, Berlin and Frankfurt include the following.
Mergers and Acquisitions/Corporate Law
The lawyers at Orrick Hölters & Elsing advise on corporate transactions in Germany and abroad. Companies of various forms and structures comprise an important part of our corporate work, including traditional corporations (AG) and limited liability companies (GmbH). Our corporate legal solutions are designed to facilitate our clients' efforts to develop and grow their holdings and market positions.
In the field of mergers and acquisitions, we assist clients with more than the legal solution. We start with the strategic planning of an acquisition or sale, continue with the due diligence examinations, conduct the negotiations, and then work to close the deal in an optimal manner. If required, we assume control of a complete transaction through our extensive experience with legal project management. We prepare national and multinational takeovers, acquisitions and restructurings for domestic and international companies, mid-size businesses and their shareholders, and individual investors.
In addition to providing transaction advice, our lawyers also advise clients–listed public companies, mid-size businesses or private, family-led organizations–on traditional corporate law issues. Such advice includes corporate reorganizations and restructurings, the preparation and holding of general shareholders’ meetings, and a wide range of special measures, such as squeeze-outs.
Real Estate
Orrick Hölters & Elsing is one of the select few law firms with a consistent focus on real estate as a primary practice of the firm. We have a track record of countless high-profile regional, national and international real estate transactions and projects encompassing individual commercial properties, business parks, shopping centers and international developments. Our reputation in the real estate area is based on our exceptional, long-term relationships with property owners (including investment funds and property purchasers); banks, insurance companies and borrowers; public businesses, corporations and authorities; construction companies, architects and planners; and real estate agents, valuers and market researchers.
We provide comprehensive advice on all areas of legal and strategic structuring of commercial real estate projects, including a broad spectrum of civil and public law issues. In particular, our team provides advice relating to real estate acquisitions, establishment of building rights, financing, insurance, construction contracts, marketing and sale.
Arbitration/Dispute Resolution
Orrick Hölters & Elsing has successfully assisted clients in a wide range of industries to resolve corporate and financial disputes before courts and alternative dispute resolution venues. Our lawyers enjoy an excellent reputation as arbitrators, as well as legal counsel to clients in national and international arbitration proceedings (ad hoc proceedings and institutional proceedings). Our team of dispute resolution lawyers is particularly well known for strategic skills in complex state court litigation and arbitrations where international businesses, public bodies or sovereign states are involved.
In the field of arbitration, we have been active as party representatives, members or as chairs of German and international arbitration tribunals. We have represented companies and governmental bodies in disputes involving international plant construction, complex financial transactions, multinational joint ventures, authorized dealer and other distribution contracts, company purchases, licensing arrangements and insurance matters.
Public Procurement Law/PPP
Public procurement and privatization markets are highly competitive and governed by a complex and rapidly changing legal framework. Lawyers of Orrick Hölters & Elsing help clients avoid the pitfalls of procurement and regulatory law, advising on all phases of public sector transactions. We assist public authorities and private enterprises in structuring and conducting procurement procedures or preparing formal tender offers, as well as in all stages of the contracting process, negotiations and post-closing operating phase.
Private public partnerships (PPP) have become increasingly common in Germany. We have helped develop the market by structuring a number of innovative pilot schemes. PPP projects often focus on issues such as project finance, corporate or tax law. With our interdisciplinary team, we provide integrated and creative one-source solutions. If a dispute arises, we also represent the interests of public authorities and private companies in judicial review procedures before national and international courts. We have been involved in numerous groundbreaking matters, including the representation of clients in infringement procedures brought by the European Commission and counseling on matters of compliance and debarments.
Employment Law
Orrick Hölters & Elsing lawyers are proud to have extensive experience negotiating with works councils and labour unions regarding all questions of labor law concerning collective bargaining agreements, co-determination rights or restructuring measures of entire businesses. We provide clients with comprehensive solutions for the development, implementation and processing of all labor law procedures. Our team of employment lawyers also assists clients with all matters of individual labor law, serving as strategic counsel to ensure compliance with the constantly changing requirements of the labor law regime.
Our lawyers provide comprehensive counseling regarding the conceptualization of flexible work hour models, company restructurings and company closures, company transfers, balancing interests and social redundancy plans, and employee participation. In the individual employment law arena, we assist clients with the structuring of employment contracts, termination proceedings and cancellation contracts. We develop early retirement schemes for the termination of employment relationships with particular attention to economic requirements and social insurance law regulations.
Competition and State Aid Law
Counseling on competition law begins at the earliest stages of M&A projects. Orrick Hölters & Elsing plans and handles merger control proceedings with the German Federal Cartel Office and the European Commission, and we guide clients through the coordination of worldwide merger control proceedings. Our team also counsels and represents clients in all other competition law issues and proceedings, from representation in fines and abuse proceedings to strategic counseling on new corporate concepts. Our lawyers regularly advise on competition regulations relating to distribution, licensing and franchise agreements.
In the area of state aid law, Orrick Hölters & Elsing focuses on the application for state aid and the structuring of state aid measures in order to ensure compatibility with the Common Market. We have a leading reputation in the representation of clients in court proceedings in which public entities or a competitor of the beneficiary seek the recovery of illegal state aid. Currently, this situation applies primarily to the energy and transport sectors.
Banking, Finance and Capital Markets
Orrick Hölters & Elsing regularly advises on the financing of major projects and transactions, including financing and collateralization according to international documentation standards (particularly LMA) and systems (e.g. mezzanine financing). Issuers and their financial institutions also receive thorough legal counsel from our lawyers relating to IPOs and the provision and collateralization of loans, including e-money institutes that require a banking license or wish to offer banking services across Europe. Our services to banks and other financial institutions include merchant banking, rights issues, credit securities and general bank contract law.
Private Equity Law and Venture Capital
Our lawyers advise private equity funds, venture capital firms, start-ups, banks and their management on every aspect and phase of private equity investment. We provide the contractual documentation for capital investment and shareholder agreements as well as advise on financing matters. Our services range from assistance with IPOs to the structuring of funds and management acquisitions (e.g. MBO/MBI). We are particularly experienced assisting in entrepreneurial transactions in markets of the future, such as infrastructure, renewable energies and new technologies.
Tax
Orrick Hölters & Elsing provides tax related legal services, nationally and internationally, to corporate and private clients. Advising on all aspects of tax law, our team focuses on optimizing acquisitions and restructurings with regard to tax implications, and we develop investor and corporate succession concepts that consider all profit and transaction taxes.
In the international arena, we focus on maximizing the tax benefits of establishing cross-border company structures; inter-company pricing and licensing; double taxation conventions and legislation on external tax relations; and the transfer of goodwill, know-how and other intangible assets.
Intellectual Property
Orrick Hölters & Elsing advises clients in trademark infringement proceedings (including trademark counterfeiting, product piracy and unfair trade practice proceedings), as well as counseling on advertising and public relations activities. Our lawyers also have thorough experience in the information technology arena, advising on the drafting of contracts to sell, buy or license software and hardware, as well as regulatory issues and data protection queries. We have leading experience in the field of e-commerce (setting up order portals, etc.).
Terms and Conditions Law
Terms and conditions of trade are applied in every segment and at every level of commerce, and are subject to a considerable amount of legislation. Orrick Hölters & Elsing examines and drafts terms and conditions of trade for clients, ensuring each clause corresponds to the latest regulations.
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