Laurenz Schmitt

• SRP advises an attorney in a highly complex dispute concerning claims arising from his former client representation. The matter involves international corporate structures, the transfer of substantial assets in the context of an inheritance, and cross-border investments with connections to Switzerland and the US Virgin Islands.
• The dispute spans approximately 15 interrelated and mutually dependent court proceedings, including three cases before the Federal Court of Justice (BGH). Key issues include:
  • Defense against enforcement measures using all remedies under the enforcement provisions of the German Code of Civil Procedure (ZPO) as well as material objections in several preliminary injunction proceedings,
  • Assertion of damages claims resulting from criminal complaints based on false allegations and abusive enforcement measures,
  • Defense against extensive damages claims.
• The proceedings raise fundamental corporate and procedural law questions, including:
  • Dissolution of a GmbH & Co. KG upon the death of a partner,
  • Fundamental questions regarding the party and procedural capacity of a company,
  • Validity of disputed shareholder resolutions concerning the exclusion of partners and the appointment and removal of managing directors,
  • Application of the doctrine of defective organs,
  • Immorality of enforcement measures through abusive exploitation of formal legal positions.

SRP represents a German law firm in defending claims for damages based in tort brought by an insolvency administrator over the assets of one of the firm’s clients for an alleged involvement in bankruptcy offences.

SRP represents an Indian solar company in claiming damages from a German attorney specialised in arbitration due to errors in advice in a DIS arbitration against a buyer of solar cells for payment of the purchase price after refusal to accept solar cells in breach of contract.

• In the first arbitration, SRP secured an award ordering the sellers and the W&I insurers to pay approximately 30 million € in damages. The case was conducted under the DIS Rules for Expedited Proceedings and involved eight parties, three expert reports, and complex evidentiary issues.
• The two other DIS arbitration proceedings concern the sellers’ alleged claim for an additional purchase price and the remuneration of the founder, former managing director, and fraudulent co-seller of the target.

Laurenz Schmitt and Max Reichert conducted an internal investigation in coordination with the district attorney’s office in connection with violations against the EU Chemicals Regulation at the target company and represented the buyer (a US aerospace company listed on NASDAQ) in claiming damages and breaches of warranties against the German seller, inter alia, for fraudulent misrepresentation, in an arbitration.

SRP defended the seller in a transaction against allegations of fraudulent misrepresentations. SRP defeated the claim to rescind the transaction, negotiated a settlement and coordinated the seller’s criminal defense with the seller’s trial lawyers.

SRP represents a market participant accused of being involved in cum-ex trades. SRP defends the market participant against claims of other parties involved and secures possible recourse claims against others and former advisors.

SRP represents a US telecommunications company in (cross-border) disputes from of a joint venture to build a satellite network. In particular

• contentious shareholders’ meetings,
• numerous preliminary injunction proceedings,
• more than twenty DIS and ICC arbitrations, and
• setting-aside proceedings against arbitral awards.

Issues in these proceedings are inter alia

• Dismissal of managing directors for cause,
• Redemption of shares for cause,
• Determination of the shareholder compensation payment,
• Claims for damages against managing directors and shareholders,
• Dissolution of the company; and
• Frequency usage rights.

SRP represented a medium-sized company in a hard-fought dispute between the two shareholder-managing directors. The dispute involved numerous preliminary injunctions, attachment proceedings and main proceedings. The proceedings focused on the dismissal of managing directors for cause, the redemption shares in the company for cause and the determination of the compensation payment.

SRP is the exclusive advisor and representative of an electronics retailer for all commercial disputes.

SRP advises a former investment banker on claiming damages in excess of 150 million € against a major German bank for making false compliance allegations.

SRP represented a German foundation in its defense against claims for damages of its former management team after a failed spin-off in violation of non-profit law. The representation included claiming damages from the foundation’s former legal advisors.