Luis Ostheimer

Due to the tightening of legislation and case law following the financial crisis, the personal liability of managing directors as well as members of executive and supervisory boards has taken on practical significance. Accordingly, we advise our clients on liability matters involving executive bodies in internal and external relationships as well as in the area of D&O insurance. Our clients benefit from our many years of experience in the field of liability law for the liberal professions and from our trusting working relationships with insurers.

Our work particularly includes drafting and negotiating executive board and managing director contracts, advising members of supervisory bodies, advising on co-determination issues and representing clients in and out of court in liability matters.

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.

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.

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.

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.

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.