Daniel Herper
LL.M.
Lawyer / Partner
Eschersheimer Landstraße 25-27
60322 Frankfurt am Main

Daniel Herper is an experienced transactions lawyer specialising in M&A transactions and restructurings. He advises the governing bodies of companies in crisis, both in and out of court. This involves accompanying them during crises and judicial restructuring proceedings (company voluntary arrangements / insolvency protection proceedings). Herper also supports shareholders, prospective buyers, lenders and insolvency administrators in the development and implementation of financing and transaction structures. Another focus area of his work is advising creditors in crisis and insolvency situations. He prepares and implements restructuring concepts and supports the management in out-of-court and in-court restructuring measures.

  • Expertise
    • Corporate finance

      Optimal financing is the key to any corporate success. FPS advises companies on all legal and tax-related aspects of financing their business, especially in connection with capital endowment and maintenance, investment financing and M&A transactions. We also advise institutional investors and banks on all matters concerning corporate financing, particularly in relation to mezzanines, capital increases, bonds and traditional loans. In addition, we provide comprehensive legal support in matters relating to group and acquisition financing, the analysis and optimisation of the collateral situation and the drafting of controlling and profit transfer agreements.

    • Foundation and restructuring of companies, transformations

      FPS has profound expertise when it comes to the foundation of companies, regardless of the legal form. We advise on the foundation of new companies as well as the establishment of real estate funds and also provide the necessary legal support.

      It is not uncommon for a developing company to have to adapt its structure. We help our clients to devise and implement such reorganisation measures. In doing so, we find individual solutions that take into account aspects covered by corporate law as well as tax, employment, commercial and antitrust law.
      In addition, we also advise on transformations, including changes of legal form, mergers, spin-offs and company demergers, and help to implement these processes.

    • Mergers / acquisitions

      Successful transactions require careful planning and structuring, both in terms of content and time. Our M&A experts not only perform due diligence and draft the contract, but also handle the subsequent contract negotiations and manage the project in the post-closing phase.

      We advise domestic and foreign companies on both the buyer and seller side on M&A projects, private equity and venture capital transactions, management buy-ins and buyouts and corporate cooperation projects (joint ventures). Here, we draft and negotiate confidentiality and exclusivity agreements (letters of intent) as well as contracts covering company acquisitions and investment agreements.

      In all M&A transactions, we establish a close and trusting working relationship with our clients’ auditors and tax consultants, determine how to optimally structure the transactions for tax purposes and ensure compliance with antitrust requirements.

    • Restructuring advice

      FPS is on hand to support companies during dynamic times and necessary change with its expertise on all legal, tax and business matters. We help with restructuring plans – and corporate restructuring plans in particular – and with the structuring of (re)financing measures. This may also include support in drawing up and implementing reorganisation concepts.

      Matters concerning the management’s duty to provide information and take action are among our key areas of expertise. We advise credit institutions, debt funds and financiers in the event of non-performing loans and NPL transactions, while safeguarding the interests of suppliers, customers and shareholders. Other areas covered by our restructuring advice include transformation measures, carveout concepts, liquidation plans, trustee concepts and insolvency filing obligations.

    • Insolvency law advice

      If a restructuring plan fails, our experts are on hand to support not only business owners and management teams, but also stakeholders, including in relation to insolvency law issues and challenges. In the event of a crisis involving a business partner, this starts with advising companies on maintaining and continuing business relationships and extends to safeguarding and asserting security rights and claims, both before any insolvency proceedings have begun and after. FPS also advises on matters concerning supplier and banking pools. Other areas covered by our insolvency law advice include issues relating to IP/IT law, tax law and tenancy and real estate law.

    • Company voluntary arrangements and insolvency protection proceedings

      Our experts actively support companies in judicial reorganisation proceedings. Insolvency protection proceedings and company voluntary arrangements for reorganisation proceedings can significantly contribute to the success of reorganisation measures. With our many years of experience in dealing with insolvency proceedings and our broad set-up in all relevant areas, we are a strong partner in difficult times. In their roles as chief restructuring officers and authorised representatives, our lawyers make a responsible and significant contribution to a company’s reorganisation.

    • Distressed M&A

      Mergers and acquisitions are part of any commercial law firm’s standard repertoire. In exceptional situations, however, such as an economic crisis where there is considerable time pressure and many interests, special knowledge and experience are required. By adopting an economic and strategic perspective, we advise sellers and buyers in the context of corporate transactions in a crisis environment – in pre-insolvency share or asset deals, in reorganisation measures by transfer in the context of insolvency proceedings, or by way of an insolvency plan.

    • Insolvency-related litigation

      Our lawyers assist companies and management teams as well as creditors and insolvency administrators in all proceedings relating to insolvency law. This particularly applies to representation in avoidance proceedings, but also in all matters concerning the liability of different parties involved in insolvency proceedings.

    • Crisis and insolvency advice for healthcare companies

      As pioneers in the development of solutions specifically for the healthcare sector and nursing homes to safeguard the operation of healthcare businesses on long-term leases (takeover arrangements / restructuring of leases, call options, etc.), we have considerable experience in advising clients and drafting contracts in the event of hospital and operator insolvencies involving healthcare companies and assist with the entire transfer and restructuring process.

    Language skills

    German English
  • Education
    since 2023Partner at FPS 
     LLM 
    since 2019Lawyer at FPS 
    2015Admission to practise law in Germany 
    2015Second state law exam
    2013First state law exam
  • Memberships
    • Arbeitsgemeinschaft Insolvenzrecht und Sanierung
    • Deutscher Anwaltsverein
  • Publications
    Daniel Herper Dr. Tristan Förster
    Urteilsanmerkung, BGH v. 19.10.2023 - IX ZR 249/22, Gläubigerbenachteiligende Herstellung einer Aufrechnungslage durch Bauvertragskündigung
    EWiR – Entscheidungen zum Wirtschaftsrecht, 2024, S. 82-84
    Dr. Annette Rosenkötter Daniel Herper
    Kliniken in der Krise
    FPS Guide,
    Daniel Herper Dr. Tristan Förster
    Insolvenzrechtliche Folgen formunwirksamer Wandeldarlehensverträge
    NZI - Neue Zeitschrift für Insolvenz- und Sanierungsrecht, , S. 156
    Daniel Herper Dr. Tristan Förster
    Urteilsanmerkung, BGH v. 10.10.2022 - IX ZB 41/21, Kein Erlöschen des Geschäftsbesorgungsvertrags zur Vertretung des Schuldners im Insolvenzverfahren mit Verfahrenseröffnung
    EWiR – Entscheidungen zum Wirtschaftsrecht, , S. 117-118
    Daniel Herper Dr. Tristan Förster
    Urteilsanmerkung, BGH v. 28.4.2022 - IX ZR 48/21, Gleichbleibend um einen bis weniger als zwei Monate verspätete Zahlungen von Sozialversicherungsbeiträgen kein ausreichendes Indiz für eine Zahlungseinstellung
    EWiR – Entscheidungen zum Wirtschaftsrecht, , S. 487-498
  • What others say

    "High level of technical and strategic expertise" 
    (competitor, JUVE Handbook 2022/2023 | Insolvency and Restructuring) 

Awards

JUVE Handbuch Recommended for Insolvency and Restructuring
2022
WirtschaftsWoche Top Lawyer for Restructuring
2022