Over the past decade, legislators have subjected financial services and investment activities to intense regulation. FPS helps institutions to comply with the associated obligations, both in regulatory terms and with regard to the rights of clients.

FPS has particular expertise in defending against investor claims arising from financial services or investment activities. This applies to investment advice, investment brokerage and the sale of investment assets. In practice, the focus is usually on matters concerning legally compliant customer information – this could take the form of corresponding information sheets, prospectuses or key investor information. FPS thus also has practical experience in handling mass-tort lawsuits as well as proceedings pursuant to the Capital Markets Model Case Act (KapMuG) or model declaratory actions.

One of the law firm’s main focuses has always been on representing clients in ordinary courts, with FPS acting solely on behalf of the institution in the field of banking and financial law. Due to our extensive practical experience in courts and our knowledge of banking and financial law, we represent institutions in all contentious disputes that may arise in connection with the credit business, payment transactions, securities business, financial services, investment business, etc. The representation of institutions also extends to contentious disputes that arise in the context of the client’s insolvency and lead to corresponding disputes with the insolvency administrator.
 

Modern corporate insolvency law increasingly includes tools for corporate reorganisation and restructuring. As institutional creditors, credit institutions are particularly in demand here and involved in corporate restructuring measures. Financial restructuring sometimes takes place solely with the banks. FPS assists credit institutions in negotiations on out-of-court reorganisation concepts, restructuring plans (including measures that fall under the Act on the Stabilisation and Restructuring Framework for Businesses, or StaRUG) and insolvency plans in order to assert the interests of the institution in connection with the debtor’s reorganisation or insolvency in a legally compliant manner and to establish them for the future. If the company reorganisation fails, FPS helps credit institutions to assert their rights – particularly when asserting existing security rights – to support business continuity plans and to realise loan collateral.

One particular area of our work focuses on defending claims against lawyers and notaries.
Having represented lawyers and notaries in recourse cases for many years, our experts have extensive knowledge of the range of duties along with the particular aspects of liability law and the relevant case law. The best possible defence strategy can thus be built and employed on this basis.

Our experts also represent insolvency administrators in liability cases. This is carried out on the recommendation of market-leading insurance companies in the field. In doing so, the experts draw on extensive knowledge of insolvency law and the relevant case law.

Defending liability claims asserted against tax consultants and tax consultancy firms is another key area of our work. In complex liability and cover cases and claims for major damages, insurance companies alternatively entrust us with the role of monitoring and coverage counsel. Our experts then combine their experience in the field of civil liability law with in-depth knowledge of tax law to represent the client in the best possible manner.

Our experts have particular knowledge in the field of auditor liability, which has been acquired over many years. Auditors are represented in all liability matters relating to the auditing and consulting business.

There is a special focus on expertise in the area of annual auditor liability as well as liability in connection with reorganisation advice (including reorganisation reports pursuant to IDW S 6). In such claim situations – which often play out in the context of corporate insolvencies – our experts possess the necessary qualifications due to their existing expertise in the field of insolvency law in particular.

The area of D&O liability is subject to constant change due to increasing regulation and the continuing development of business activities. For some time now, our experts have been representing executive bodies (managing directors as well as executive and supervisory board members) and market-leading D&O insurers in management liability cases.

In recent years, companies have increasingly made the move towards seeking insurance cover for possible damages suffered by their customers due to errors made in connection with the provision of services.
In this new field of business – compared to traditional professional liability– our experts benefit from their decades of expertise in representing professionals.

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 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.