K&L Gates LLP > Berlin, Germany > Firm Profile

K&L Gates LLP
MARKGRAFENSTRASSE 42
10117 BERLIN
Germany

Media > Entertainment Tier 3

K&L Gates LLP offers longstanding expertise in art law, where the practice advises on traditional copyright law and also covers matters at the interface between art and succession law as well as NFT and blockchain-related issues. The team is regularly instructed by film and television broadcasters as well as collecting societies in the course of copyright and media proceedings before German and European courts. Art law is a focus of practice head Friederike Gräfin von Brühl, who also advises on licensing and anti-piracy measures, while counsel Olaf Fiss regularly represents clients in copyright disputes.

Other key lawyers:

Key clients

Corint Media GmbH/Seven.One Entertainment Group GmbH

Nachlass von Martin Kippenberger

Galerie Hauser & Wirth

Therme Group RHTG AG

Work highlights

  • Defense of Corint Media before the European Court of Justice in landmark proceedings regarding the broadcaster’s participation in the empty media levy.
  • Representation of the estate of Martin Kippenberger in a legal dispute before the Munich Regional Court against the poster painter Götz Valien, who seeks recognition as co-author for his contribution to the painting ‘Paris Bar’.

Real estate and construction > Real estate Tier 4

Investors, funds and companies regularly instruct K&L Gates LLP to advise on transactions, particularly in the logistics and retail asset classes, but also on acquisition and sales of office and healthcare portfolios. In addition to its transactional advice, the practice has expertise in portfolio restructuring and the development of new real estate projects. Practice head Georg Foerstner covers cross-border transactions and related financing, while Philipp Turnwald is the key contact for commercial tenancy law and ongoing asset management matters.

Practice head(s):

Georg Foerstner

Other key lawyers:

Philipp Turnwald; Nicolas Mähner; Christian Hullmann

Testimonials

‘The law firm supports us in real estate transactions as well as in various asset management tasks. We are always extremely satisfied with the service provided and have a high level of confidence in the work of K&L Gates.’

‘We feel that K&L Gates represents us very well when it comes to analysing contentious issues and achieving the simplest and most consensual resolution possible.’

Key clients

Aroundtown

Bowery Europe Ltd.

EVEREST FUND SICAV FIS

INBRIGHT Development GmbH

Peloton Interactive Deutschland GmbH

Swiss Life Asset Managers Deutschland GmbH

TSC Fund SICAV FIS

Work highlights

  • Advising Bowery Europe Ltd on the acquisition of numerous properties (logistics, light industrial, business premises) and on portfolio deals.
  • Ongoing advice to EVEREST FUND SICAV FIS on asset management as well as on the acquisition and sale of office buildings as well as small shopping centers and car dealerships valued at approximately €30 million.
  • Advising Swiss Life Asset Managers Deutschland GmbH on the management and development of numerous properties in the healthcare sector.

Transport > Advice to the transport sector Tier 4

K&L Gates LLP offers financing expertise, which is called upon by both public and private rail service providers in the context of financing, leasing and, increasingly, procurement structures for new rolling stock; the team also assists financial institutions in connection with these transactions. In addition to asset financing in the rail transport sector, practice co-head Frank Thomas is also well versed in aircraft financing, while co-head Annette Mutschler-Siebert advises tenderers and bidders on procurement matters in connection with transport projects.

Other key lawyers:

Testimonials

‘Well connected to the market.’

‘Expert knowledge, experience, negotiating skills.’

Key clients

Bayerische Landesbank

Bayerische Eisenbahngesellschaft mbH

Rock Rail Holding Limited

Infracapital

Northrail Investment Management GmbH

Paribus-Equitix-Netz-West-Bereitsteller GmbH & Co. KG

Work highlights

  • Advising Bayerische Eisenbahngesellschaft mbH on the procurement and financing of 90 brand new S-Bahn vehicles for the Munich S-Bahn as well as the related leasing and financing model.
  • Advising Rock Rail Holding Limited and Infracapital on the procurement and financing of 19 new Siemens Mireo trains for the Central German S-Bahn network Lot 1 in the Leipzig area with DB Regio AG as operator and lessee.
  • Advising Rock Rail Holding Limited and Infracapital on the procurement and financing of 41 new Siemens Mireo trains for the Central German S-Bahn network Lot 2 in the Leipzig area with Netinera/Die Länderbahn as operator and lessee.

Corporate and M&A > Corporate Tier 5

German companies and multinational corporations, particularly from the automotive and technology sectors, instruct K&L Gates LLP to advise on corporate restructurings, M&A transactions and joint ventures, as well as on contractual matters and management and supervisory board issues, including general meetings. Thomas Lappe heads the practice and focuses on transactions, joint ventures and corporate restructurings.

Practice head(s):

Thomas Lappe

Other key lawyers:

Martina Ortner; Gabriella Piras; Richard Resch

Testimonials

‘Martina Ortner and her team are extremely client-oriented. They always find a feasible and pragmatic solution. They understand the business and act like in-house lawyers.’

‘Practical, easily implementable and sustainable solutions are provided. The team is great and made up of people from different backgrounds.’

‘The collaboration is excellent because they are always available and make the impossible possible.’

Key clients

Exasol AG

Francotyp-Postalia Holding

Industrie Saleri ItaloS.p.A.

Exact Sciences Corporation

Hyundai Mobis

Koenig & Bauer AG

Lotto24 AG

MotorK Italia S.r.l.

Veganz Group AG

VTG

Work highlights

  • Corporate advice to Argo AI, including in connection with German Argo AI GmbH.
  • Corporate and capital market advice to Exasol Group, including its foreign subsidiaries.
  • Ongoing corporate and capital market advice to Koenig & Bauer AG.

Corporate and M&A > M&A Tier 5

K&L Gates LLP mainly assists its client base, which consists of national and global corporations from the automotive and technology sectors, with mid-cap M&A, with matters spanning carve-outs and joint ventures to public-to-private transactions and venture capital transactions. Thomas Lappe heads the practice and, in accordance with the team approach, primarily handles transactions in the automotive sector.

Practice head(s):

Thomas Lappe

Other key lawyers:

Martina Ortner; Ramona Ruf; Thilo Winkeler

Key clients

Continental AG

Vitesco

Balderton Capital

Hyundai Mobis

Industrie Saleri Italo S.p.A.

Arena Holdings

MotorK Italia S.r.l.

ATOS Group TriSpan LLP

Exasol AG

Saubermacher Dienstleistungs AG

Cummins Ltd.

Work highlights

  • Advising Vitesco Technologies on the sale of all shares in Vitesco Technologies Italy Srl with more than 900 employees to Belgian Punch Group.

Public sector > Public procurement Tier 5

In line with a sectoral focus on energy, transport and health, K&L Gates regularly assists with municipal and local authority tenders for projects related to the energy transition, as well as for public transport projects and drug discount agreements in the health sector; in the latter case, the group frequently acts on the bidder side. The drafting and termination of PPP projects as well as advice on competition-related issues complements the practice's skill set. Practice head Annette Mutschler-Siebert impresses with expertise in PPP projects in the transport sector.

Practice head(s):

Key clients

Rock Rail Holding Limited and InfraCapital

Telio Communications GmbH

Aliud Pharma GmbH

HUMAN MOTION TECHNOLOGIES LLC (Humotech)

Work highlights

  • Long-term and ongoing procurement advice to Telio Communications GmbH on various procurement and review procedures.
  • Ongoing procurement advice to Aliud Pharma GmbH.
  • Advising Rock Rail Holding Limited and InfraCapital on the procurement and financing of 41 new Siemens Mireo trains for the Central German S-Bahn network Lot 2 in the Leipzig area with Netinera/Die Länderbahn as operator and lessee.

Intellectual property > Trade marks

K&L Gates strengthened its practice with the arrival of Daniel Marschollek and counsel Manuel Merling  from Norton Rose Fulbright in June 2024; both are particularly active in trade mark litigation.

The firm: There are three offices in Germany forming the German K&L Gates’ practice

The three German offices are located in Berlin, Frankfurt, and Munich and work closely to constitute a seamless German practice. The distinctive feature of the combined legal services in the German region is efficient transaction and project management combined with increased partner involvement. The firm provides comprehensive commercial law advice to international and German industrial companies, banks, and financial investors, as well as the public sector.

Lawyers in the Berlin office focus especially on corporate mergers and acquisitions, emerging growth and venture capital, and real estate. The team is also active in the fields of investment management; intellectual property, IT and media; litigation and dispute resolution; and labor, employment, and workplace safety; as well as advising on regulatory matters related to public procurement and antitrust law.

The Frankfurt team traditionally has a strong advisory practice in the areas of corporate, mergers and acquisitions, finance, and tax law, including a private clients practice. The team also advises on restructuring and insolvency, capital markets law, and dispute resolution covering intellectual property litigation and international and national arbitration.

Focal points of the Munich office are the investment management and procurement and portfolio management practices. The Munich team also has extensive experience in both mergers and acquisition transactions within the industrial market and in private equity. An additional focus is on corporate law for German and international corporations, as well as a strong real estate practice seamlessly working with the Berlin real estate team.

Furthermore, intellectual property litigation and patent law practices play important roles in light of the implementation of the Unified Patent Court (UPC) Agreement to enforce European patents across Europe.

K&L Gates is one of the largest law firms in the world with more than 45 offices located in key capital cities and world commercial and financial centres spanning five continents. Its many offices operate as one firm, offering clients local market knowledge and access to both national and international capabilities.

 Main areas of activity
Corporate mergers and acquisitions (M&A): K&L Gates Germany advises on mergers, as well as on private and public corporate acquisitions, all questions of general corporate law, corporate litigation processes, cooperation with the public sector, and privatizations in various sectors, especially in the areas of infrastructure; automotive; healthcare; and telecommunications, media, and technology.

Banking and finance: The German banking and finance team is interconnected with various practice groups of the firm and specializes in acquisition financing, asset financing and leasing, real estate financing, project financing (including PPP), secured and unsecured corporate financing, refinancing and restructurings, NPLs, distressed assets financing, export financing, regulatory issues, and banking regulatory law.

Restructuring and insolvency: The experienced team has been working in the field of reorganization, restructuring, and insolvency law for more than 25 years. The focus is on out-of-court restructurings, protective shield proceedings, and the takeover of operational functions (self-administration). In the area of restructuring, the practice group pursues a full-service approach: Insolvency-related employment law, tax law, distressed M&A, refinancing, and litigation.

Private equity: The German private equity team provides legal and strategic advice to private equity funds, hedge funds, family offices, and other opportunistic investors on their investments in the DACH (German speaking) region, in particular on LBOs, MBOs, MBIs, PIPE or P2P transactions, venture capital investments, management participation programs, and special situations.

Tax law: The tax law practice specialises in advising investors, financing banks, opportunity funds, developers, initiators, and service companies on German and international tax law; structuring corporate acquisitions, optimizing real estate transactions, and ongoing asset management; financing; refinancing and restructuring; joint ventures; and regulatory and tax law advice on European, non-regulated investment structures.

Investment management: K&L Gates’ German Investment Management practice provides advice on investment funds, as well as tax and regulatory issues in connection with the structuring of various collective investment schemes investing in private equity, real estate, renewable energy, leasing, and other asset classes. The practices advises fund initiators, investors, and other market participants in transactions in these asset classes.

Private client: Our team for private clients fulfils a multitude of legal services to entrepreneurs, family businesses, high-net-worth individuals, artists, athletes, private banks, and family offices. This includes private and corporate wealth and succession planning. Drafting of gifts, wills, inheritance, partnership and marriage contracts, tax declaration, and defense of the chosen form are also part of our services. As are private tax planning, departure and relocation planning, sale or restructuring of the (family) business, investment in capital assets, and establishment and management of trusts and other nonprofit entities. Furthermore, we advise on all kinds of inheritance matters, including estate settlement.

Telecommunications, media and technology: In the areas of telecommunications, media, and technology, we provide comprehensive support of media, telecommunications, and IT companies in matters of telecommunications law, operational contracts, and regulatory issues; media law, including film financing, collecting societies, and music rights; and technology licensing and IT contracts in the areas of outsourcing, Internet and e-commerce, data protection, and intellectual property issues.

Real estate: The Real Estate team advises on a variety of legal issues, including domestic and international real estate transactions, project developments, joint ventures, restructuring of real estate portfolios, and advice to real estate funds. This team also addresses construction law, commercial landlord and tenant law, project planning, environmental protection, and litigation concerning commercial real estate.

Industrial property rights: We provide advice in connection with the protection and enforcement of intellectual property rights, focusing on patent infringement disputes. Noncontentious IP issues—in particular R&D projects, licensing, and distribution agreements—are also part of our practice. The field of activity covers complex technologies, in particular automotive, industrial, medical, electronics, telecommunications, and computer hardware and software.

Public procurement law, PPP, and antitrust law: The team consistently advises clients on the design of procurement procedures for public contracting authorities. Furthermore, our lawyers support bidders in national and international projects in the fields of transport, energy, supply and disposal, IT, and health care. The team also advises on corporate transactions on issues of German and European antitrust and public procurement law, as well as European state aid law.

Employment law: The employment team operates across the different German offices and advises on service agreements and liability issues of board members, managing directors, and executives; the development of compensation systems; and pension plans. Furthermore, the team provides advice and represents employers in negotiations with works councils on company agreements, reconciliation of interests and social plans, and employment law accompaniment of transactions.

Procedural and arbitration law: Dispute resolution within the commercial arbitration system to proceedings before state courts, including interim relief and enforcement law, are all included in our practice. Additionally, we provide assistance to our clients in the avoidance or amicable settlement of disputes.

Managing partner Germany: Dr. Rüdiger von Hülst

Offices
Europe: Berlin, Brussels, Dublin, Frankfurt, London, Luxembourg, Milan, Munich, Paris
Middle East: Doha, Dubai
United States: Austin, Boston, Charleston, Charlotte, Chicago, Dallas, Fort Worth, Harrisburg, Houston, Kansas City, Los Angeles, Miami, Nashville, New York, Newark, Orange County, Palo Alto, Pittsburgh, Portland, Raleigh, Research Triangle Park, San Francisco, Seattle, Washington, D.C., Wilmington
South America: Sao Paulo
Asia: Beijing, Hong Kong, Seoul, Shanghai, Singapore, Taipei, Tokyo
Australia: Brisbane, Melbourne, Perth, Sydney