Friedrich Graf von Westphalen & Partner mbB

Friedrich Graf von Westphalen & Partner (FGvW) provides a full range of legal services to national and international clients. The firm focuses on mergers and acquisitions, liability, insurance law, IP, real estate and commercial distribution law. FGvW partners have a substantial track record representing numerous international companies and in particular the successful German “hidden champions”. For this purpose, a flexible and reliable international network enables FGvW to offer a broad range of services around the world. In close cooperation with the firm’s international partners they provide comprehensive advice on investments in Germany, in particular from the US and Asia.

Many partners of the firm are distinguished in their respective legal areas for their consulting experience as well as for their teaching at renowned universities and for numerous publications. Their high technical competence is complemented by the efficiency, fast reaction times and availability of all partners. Friedrich Graf von Westphalen & Partner consider themselves to be ‘legal entrepreneurs’, being able to provide entrepreneurial advice: responsible, pragmatic, and, if need be, courageous.

International Experience

The law firm has its roots in Germany and maintains a global network. For many years, FGvW partners have represented numerous international companies. FGvW therefore maintains a flexible and reliable international network, which enables them to offer comprehensive service around the world. In all important economic regions, they foster extensive contacts to prominent law firms with whom FGvW enjoys an efficient and trusting professional relationship. By means of integrated teams, clients have access to international legal services that are client-focused, cost-effective and result-oriented. For each case, a team of lawyers, which is efficient, flexible and reliable, is tailored from the respective legal areas. The client has a single point of contact and can rely on the team selected and co-ordinated by FGvW.

Practice Areas

Corporate & M&A

International business and international transactions have always played a central role for the corporate/M&A team of FGvW. Headed by Albert Schröder, Stefan Lammel, Hendrik Thies and Jan Henning Martens, this team supports and advises its corporate/M&A clients on a worldwide basis. FGvW is one of the most renowned legal practices in Germany for medium-sized transactions with an international background. The team supports an ever increasing number of international investors, primarily from Asia, the US and other European countries, with extensive legal advice for investments in Germany. The M&A practice has built up an excellent reputation for their committed, solution-oriented approach and quick reaction times. The corporate team furthermore specialises in advising clients on efficient compliance structures to minimise (or avoid, insofar as possible) the risks of liability incurred by managers or directors of German companies. This also includes due diligence checks on companies proposed for acquisition.

Insurance law / D&O

The Cologne office of the law firm has become well known in Germany for all matters related to insurance law. The clients of Friedrich Graf von Westphalen & Partner include a sizeable number of reputable D&O insurers. Tobias Lenz and Carsten Laschet belong to the small circle of highly recommended and well-known lawyers in the area of manager liability and D&O insurance in Germany. The success of the insurance law team is due to close cooperation with different legal areas, including, in particular, corporate law, criminal law and insurance law, in the processing of complex D&O claims.

Trade & Distribution

The commercial distribution law team headed by Sven Köhnen in Cologne is one of the leading practices in its field in Germany. The main focus of the distribution practice is on the areas of automotive, medical and pharmaceutical, insurance and financial services. FGvW counsels in all distribution law aspects, including the law relating to commercial agents and authorised dealers, franchise law, and direct sales. The team can draw on substantial experience for implementing distribution law structures. In particular, the law firm has been providing legal advice in the automotive segment for quite some time, including counselling on questions of principle, and maintains an impressive network with the most important associations in the industry. In addition, the team's litigation practice has an excellent reputation. Members of the distribution team are regularly involved in national and international arbitration proceedings.

In Freiburg, the team of partners Hendrik Thies, Frank Jungfleisch and Jan Henning Martens focuses on legal advice in the areas of international distribution structures and contracts, especially in the medical engineering, pharmaceutical, automotive and mechanical engineering sectors. This team closely cooperates with other practice areas of FGvW, for example corporate law, commercial law, and IP law.

In Frankfurt, it is partner Stephan Dittl who heads the commercial distribution law practice. He represents manufacturers and dealers in distribution law proceedings and advises on the set-up and reorganization of distributive structures.

Antitrust

The antitrust team of FGvW, headed by Morton Douglas, focuses on recognising and avoiding antitrust pitfalls, finding lawful solutions and structures, and avoiding risks in the context of M&A transactions. Services range from checking distribution agreements and systems up to merger control, and from assessing the competitive behaviour of companies with a strong or dominant market position up to proceedings before courts, the Bundeskartellamt [Federal Cartel Office] and the European competition authorities. The team has extensive experience in defending clients against the imposition of fines before cartel authorities and courts in national and European proceedings.

IP & unfair competition

Industrial property rights and competition law are a further core area for the firm. In particular, FGvW has built up a reputation for administrating company trademarks. The partners Morton Douglas and Norbert Hebeis in Freiburg and David Kipping in Cologne manage thousands of trademarks around the world and have also considerable experience with proceedings before the Office for Harmonisation in Alicante.

A key focus of the IP team is legal advice in relation to pharmaceuticals/medicinal products concerning unfair competition, with an emphasis on pharmaceutical advertising law, foodstuffs and energy. Wolfgang Schmid has an excellent reputation in this area throughout Germany. The firm has an office in Alicante (Spain), seat of the European Office for Harmonisation in the Internal Market (trademarks and design).

Furthermore, the IP practice in Frankfurt headed by Stephan Dittl specially focuses on copyright and media law. They advise in all areas of intellectual property, especially in design law, copyright and competitive law.