Why law firm Rotter for multi family offices, asset allocator and asset manager?
The law firm Rotter and AEQUIFIN will relieve you by supporting you commercially to enforce possible claims. You can achieve this goal in cooperation with the law firm Rotter and through professional mediation of tailor-made litigation funding solutions via the AEQUIFIN platform. In addition, AEQUIFIN offers you full commercial support as well as preparation of documents and communication with the assistance of other specialists (communication agencies, experts).
- Establishment of the law firm in 1998
- Exclusive representation of institutional investors / private capital investors and bank clients
- Long-standing international cooperation with other leading law firms in banking and capital markets law as founding partner of WIN (World Investor Lawyer Network)
- Extrajudicial and judicial advice and representation in complex banking and capital market law cases
- Many years of experience and expertise in cases with a large number of injured parties JUVE Handbuch 2015 - 2020: Highly recommended law firm for investment litigation
- The highest scientific standards are just as much a matter of course in the processing of mandates as passionate commitment and economic understanding
- Consultation and participation in legislative projects (including the 4th Financial Market Promotion Act, Spruchverfahrensgesetz, Kapitalanlegermusterverfahrensgesetz)
- Klaus Rotter regularly appears with judges of the German Federal Court of Justice as a speaker for providers of seminars on banking and capital markets law (including WM Seminare, Euroforum, Forum-Institut, RWS-Verlag)
- Scientific activity through publication of articles on banking and capital market law as well as book publications (including Ad-hoc Publicity - Handbook of the Rights and Duties of Listed Companies and Investors, C. H. Beck, Munich, Beck's Mandate Handbook - Banking Law, C. H. Beck, Munich, 2nd edition 2019)
- Klaus Rotter tritt regelmäßig mit Richtern des Bundesgerichtshofs als Referent bei Anbietern bank- und kapitalmarktrechtlicher Seminare auf (u.a. WM Seminare, Euroforum, Forum-Institut, RWS-Verlag)
- Numerous awards based on surveys of lawyers and in-house counsel:
- Brandeins magazine, May 2020: Award as one of the best commercial law firms (the only law firm on the list of the best that operates exclusively on the side of investors or bank clients)
- Handbuch Kanzleien in Deutschland, 2014: "Due to the numerous successfully conducted proceedings before the Federal Court of Justice and the European Court of Justice, the Munich law firm is now the leader in Germany in the representation of model plaintiffs in investment law".
- JUVE Handbook 2013/2014: "A law firm frequently recommended in investment law, which with its successes in the investment model proceedings before the BGH has earned a strong reputation from which it visibly benefits".
In terms of substantive law, the focus is currently on the following claimants:
EY
- Liability according to § 826 BGB as well as §§ 823 Abs. 2 BGB, 332 HGB for faulty certificates in the past years
- Pursuant to § 826 BGB, an auditor is liable for erroneous attestations or other statements made during the audit if he/she acts recklessly or unscrupulously, for example, if he/she bases an attestation on negligent investigations or statements "into the blue" (cf. most recently BGH, ruling of 12 March 2020, VII ZR 236/19)
(Ex-) Board members
- Liability according to § 826 BGB for incorrect and/or omitted ad hoc announcements
- Management Board liability for deliberately false ad-hoc reports established (Infomatec, see above our landmark decisions, BGH, decision of 19 July 2004, II ZR 402/02)
Registration of claims as compensation in the insolvency proceedings
- Company's liability pursuant to Sections 97, 98 WpHG, Section 826 BGB
- Registration of the insolvency claim within the scope of the duty to mitigate damages according to § 254 BGB also required (BGH, ruling of 25.11.2014, XI ZR 169/13)
- Potentially significant proceeds from the insolvency administrator's sales transactions and successful actions for damages / for annulment of transfers against third parties provide promising opportunities to minimize a considerable portion of your losses in the insolvency proceedings
- Fees for registration and representation in insolvency proceedings covered by a litigation funding solution on the AEQUIFIN platform
- The insolvency court has set a deadline till 26 October 2020 for registration
Novel approach to a liability defendant
- Defendant has not yet been identified
- Settlement potential through loss of reputation
- Liability of a creditworthy third party, in particular according to § 826 BGB
- For further information, we can arrange a NDA (Non-Disclosure Agreement)
The following instruments are available for the litigation process:
- Individual actions in Germany and/or Austria (Braun, Marsalek)
- Model procedure according to KapMuG (Musterverfahren KapMuG)
- Model declaratory action pursuant to Sections 606 et seq. of the German Code of Civil Procedure (Musterfeststellungsklage §§ 606 et seq. ZPO)
- Obtaining information by inspecting criminal investigation files (§ 406e StPO)
Why litigation funding on the AEQUIFIN platform for private investors?
The market for litigation funding is currently unclear. Negotiations with litigation funding companies are confidential and the pricing and contractual arrangements are very individual. Companies that only use litigation funding occasionally often lack the know-how for negotiations. Law firms can only compensate for this to a limited extent. They can clarify under which circumstances considerable cost risks remain with the plaintiff, in the case of lump-sum profit-sharing as currently offered on the market. However, whether the amount of the profit sharing is appropriate can hardly be assessed fairly for clients.
- Transparent market price for the profit-sharing of litigation funders
- Rapid pricing through bidding procedures for decision-making, whether self-financing or financing via third parties
- Instead of consulting with litigation funders on litigation strategy, a commercial or economic arrangement can be made (e.g. within the framework of AEQUIFIN sponsor protection)
1. Register as litigant on the platform
2. Mandating the law firm Rotter
3. Contract for law firm Rotter to tender litigation funding on the AEQUIFIN platform
4. Your lawyer will do everything else for you
