Dr. Andreas Wurm

Partner | admitted to bar since 2002 | Certified Specialist Lawyer for Commercial and Corporate Law as well as Certified Specialist Lawyer for Labour Law

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Languages: German, English

Specialities

  • Corporations and partnerships: mergers & acquisitions, formations, conversions, restructurings, acquisition and sale of corporate participating interests and private equity, shareholder disputes, executive body liability
  • Individual and collective labour law: service and employment contracts, works agreements, termination of employment relationships, changes in operations, reconciliation of interests and social plans, transfer of undertakings, compliance
  • Conduct of litigation before state courts and arbitration courts as well as alternative dispute settlement:
    Dr. Wurm regularly represents companies, shareholders, managing directors and board members in litigation under company law and in D & O liability proceedings. In disputes before the labour courts, Dr. Wurm mainly represents employers, but frequently also employees; if works councils are involved, Dr. Wurm represents employers in both labour court decision procedures and conciliation board procedures. In addition, Dr. Wurm regularly conducts litigation for the enforcement or defence against claims for damages, claims for erroneous advice and contractual claims.

STUDIES AND PRACTICAL ACTIVITY

  • Ludwig Maximilian University of Munich
  • University of Potsdam (doctorate in conversion law)
  • Practical activity during postgraduate legal traineeship in Munich and London at the international law firms Noerr LLP and Kirkland & Ellis International LLP
  • Since 2003 at Kempter, Gierlinger und Partner Rechtsanwälte mbB, Munich

Selected Mandates

Mergers & acquisitions: acquisition and sale of corporate participating interests and private equity, restructurings, conversions and start-up consultancy

  • Advice and representation of the majority shareholder of a major medium-sized industrial enterprise in the context of its sale
  • Advice and representation of the sole shareholder for the sale of his medium-sized enterprise
  • Advice and representation of the majority shareholder of a family-owned business for the sale of her equity stake
  • Advice and representation of a limited liability company (GmbH) on the acquisition and later sale of an interest in the company
  • Advice and representation of the buyer in a corporate acquisition
  • Advice to a company in connection with the transfer of a partial business unit
  • Advice and representation of a major medium-sized enterprise in connection with the setting up of a group structure
  • Advice to a relatively important medium-sized enterprise in connection with the foundation of a foreign subsidiary
  • Conversion of a company constituted under civil law (GbR) into a limited liability partnership (Partnerschaftsgesellschaft mbB)
  • Advice and representation of diverse free lancers (lawyers, patent lawyers, physicians, dentists, architects) in connection with the formation of professional firms, professional communities, group practices, partnerships and limited liability companies (GmbH)
  • Advice and representation of diverse free lancers when joining/leaving law firms, practices or other forms of cooperation, in connection with the inclusion or withdrawal of co-partners or co-shareholders as well as the setting up of shareholder and partner structures
  • Start-up consultancy for companies in the areas of financial services, online marketing, IT and applications (“Apps”)

Shareholders meetings, disputes between shareholders, executive body and advisor’s liability:

  • Diverse advisory and representation services for shareholders in the context of intra-corporate disputes, including subsequent conduct of litigation
  • Advice to a shareholder on intended measures for a capital increase
  • Advice to a company in connection with the establishment of an advisory board
  • Advice and representation of diverse board members and managing directors on liability issues, claims for damages, removals and dismissals
  • Advice and representation of companies in connection with the enforcement of claims for damages against own bodies
  • Representation of diverse lawyers in liability proceedings

Individual and collective labour law:

  • Advise and representation of a company in the context of the closure of a site, including the associated personnel reduction and the conduct of proceedings for unfair dismissal
  • Advice to a company in connection with personnel reduction for operational reasons, including conduct of negotiations for the reconciliation of interests and social plan negotiations as well as conduct of subsequent proceedings for unfair dismissal
  • Advice and representation of a group of clinics in diverse disputes under individual labour law and the law on labour relations at the workplace, with respect to personnel reduction and during the negotiation of works agreements, as well as handling litigation in connection with actions against unfair dismissal, reconciliation board procedures and works constitutional decision procedures
  • Advice to a stock corporation on the prerequisites and consequences of a transfer of undertakings
  • Advice to a major medium-sized company in connection with various transfers of undertakings caused by diverse spin-offs, including drafting of the required information letters
  • Advice to a large enterprise in connection with the establishment of a group works council
  • Ongoing advice to medium-sized companies of different dimensions in connection with the drafting of employment contracts, works council agreements, adhortatory letters, dismissals and the involvement of the works council as well as with respect to the handling of disputes under the Works Constitution Act and individual labour law
  • Advice and representation of (executive) employees against accusations in compliance matters

Commercial law and compensation for damages:

  • Regular drafting of service contracts, cooperation agreements, commercial agency agreements and marketing agreements
  • Regular advice and representation of medium-sized companies for the enforcement and/or defence of claims for damages