Dr. Andreas Wurm

Admitted to bar since 2002 Certified Specialist Lawyer for Commercial and Corporate Law & Certified Specialist Lawyer for Labor Law Partner

FOCUS AREAS

01 /

Labor law: employment contracts, variable remuneration systems, employee shareholdings, labor law aspects in connection with the acquisition and sale of companies as well as the transformation of companies (including mergers, demergers), transfers of undertakings, works council elections, co-determination of the works council, works agreements, termination of employment relationships


02 /

Company law: the acquisition and sale of companies and company participations, joining and leaving companies, transformations of companies (including mergers, demergers, changes of legal form), partnership agreements as well as memoranda and articles of association (including professional particularities), rules of procedure, shareholder disputes, directors’ and officers’ liability


03 /

Interface labor law & corporate law: the acquisition and sale of companies, the transformation of companies, matters relating to board members and managing directors, the classification of shareholder-managing directors under social security law


04 /

Cooperation agreements: marketing contracts, service contracts


05 /

Litigation: labor court proceedings (dismissal protection proceedings, resolution proceedings under works constitution law), conciliation board proceedings, civil court proceedings (particularly directors’ & officers’ liability (D&O), shareholder disputes, and professional liability) as well as arbitration proceedings (also as an arbitrator)


QUALIFICATION AND ACTIVITY

01 /

Studies of law at the Justus Liebig University Giessen, the Paris Lodron University Salzburg, and the Ludwig Maximilian University Munich


02 /

First and Second State Examination in Law in Munich


03 /

Doctorate in transformation law with Prof. Dr. Jens Petersen at the University of Potsdam (Dr. iur.)


04 /

Lawyer specializing in labor law and lawyer specializing in commercial and corporate law


05 /

Noerr Partnerschaftsgesellschaft mbB Rechtsanwälte Steuerberater Wirtschaftsprüfer (Munich)


06 /

Kirkland & Ellis International LLP (London)


07 /

Admission to the Munich Bar


08 /

Kempter, Gierlinger und Partner Rechtsanwälte mbB (Munich)


09 /

Member of the Corporate Law Committee of the German Federal Bar (Berlin)


SELECTED MANDATES

Some of the following mandates were at the interface of labor law and corporate law. To avoid mentioning them twice, they are only listed for one of the two fields of law.

Labor law

01 /

Advising a medium-sized company in drafting employment contracts, works council participations, and works agreements


02 /

Advising a medium-sized company in designing employee participation schemes


03 /

Advising a shareholder-managing director with regard to his status under social security law and assisting him in the proceedings for the establishment of his insurance status


04 /

Advising a group of companies on the merger-related transfer of employment relationships, including the information of the industrial relations bodies and their staff


05 /

Advising a group of companies on the merger of several subsidiaries and the resulting transfer of employment relationships, the standardization of working conditions with due regard to circumstances under collective bargaining law and works constitution law, including the information of the industrial relations bodies and their staff


06 /

Advising a group of companies on the transfer of employment relationships due to a spin-off and the formation of a joint operation, including the involvement of the industrial relations bodies and information of their staff


07 /

Advising a group of companies on the transfer of operations caused by various spin-offs, including the drafting of the required information letters to the members of staff


08 /

Advising and representing a medium-sized company on staff downsizing, including negotiations on the reconciliation of interests and social compensation plans as well as dismissal protection proceedings


09 /

Advising and representing a group of companies on staff downsizing and the implementation of proceedings before conciliation boards as well as decision-making procedures under the Works Constitution Act


10 /

Advising a medium-sized company on the introduction of short-time work in various departments


11 /

Advising a medium-sized company on the restructuring of its sales force


12 /

Advising a medium-sized company on the establishment of a group works council


13 /

Representing a company in contesting a works council election


14 /

Advising and representing a managing director in the enforcement of a variable remuneration claim


15 /

Advising and representing a senior executive on leaving his employment


16 /

Representing an employee in dismissal protection proceedings


Company law

01 /

Advising and representing the majority shareholder of a large medium-sized industrial company in connection with its sale


02 /

Advising and representing the sole shareholder in connection with the sale of his medium-sized company


03 /

Advising and representing the majority shareholder of a family business in connection with the sale of her shareholding


04 /

Advising and representing a limited liability company in connection with the acquisition and subsequent sale of a corporate shareholding


05 /

Advising and representing the purchaser in connection with the acquisition of a company


06 /

Advising a company on the transfer of a business division


07 /

Advising and representing a large medium-sized company in connection with the establishment of a group structure


08 /

Advising a group on the merger of group companies


09 /

Advising a medium-sized company on the formation of a foreign subsidiary


10 /

Advising foreign investors on the establishment of a distribution company in Germany


11 /

Advice on the conversion of a civil law association (GbR) into a limited partnership with a private limited company as a general partner (GmbH & Co. KG)


12 /

Advice on the conversion of a sole tradership into a limited liability company (GmbH)


13 /

Advice on the conversion of a civil law association (GbR) into a limited liability partnership company


14 /

• Advising and representing a lawyer in connection with their withdrawal from a law firm


15 /

Advising a medium-sized family business (GmbH & Co. KG) on the revision of its Memorandum and Articles of Association


16 /

Advising a shareholder on succession planning


17 /

Advising the shareholders of a limited liability company (GmbH) on the structuring of an employee participation scheme under company law


18 /

Advising and representing a shareholder in internal company disputes


19 /

Preparation of rules of procedure for the board of directors of a public limited company


20 /

Advice on the establishment of an advisory council


21 /

Advising and representing a board of directors in the defense against claims for damages (D&O proceedings)


22 /

Advising and representing a managing director in the defense against claims for damages (D&O proceedings)


23 /

Advising and representing a public limited company on the dismissal and termination of a board member as well as on the assertion of claims for damages against the board member


Cooperation agreements and professional liability

01 /

Advising and representing a service company in the drafting and negotiation of cooperation agreements and marketing agreements


02 /

Advising a medium-sized company on the drafting of service contracts


03 /

Representing a lawyer in the defense against claims for damages (advisor liability)


04 /

Representing a tax advisor in the defense against claims for damages (advisor liability)