Ralf Weisser

Dr. Ralf Weisser

Partner

Munich
T: +49 89 12712 151
F: +49 89 12712 113

rweisser@mwe.com   vCard

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Dr. Ralf Weisser is a partner in the law firm of McDermott Will & Emery Rechtsanwälte Steuerberater LLP, based in its Munich office. He is the head of the German Telecom, Media and Technology (TMT) Practice Group and the co-head of the Firm’s Licensing, Technology and Media Affinity Group. Ralf focuses on advising corporations as well as financial investors in the TMT industries on the drafting and negotiation of commercial contracts, in M&A transactions, regulatory matters and litigation. He has vast experience in managing large and complex projects in connection with M&A transactions, the entry of international players into German TMT markets, the building of platforms for the digital distribution of content and IT services via broadband networks (Internet, mobile, cable, DSL and satellite) as well as multi-party litigations.

Ralf is acknowledged as a leading expert in the TMT sectors by JUVE Handbuch Wirtschaftskanzleien (since 1999), Chambers Global/Europe (since 2006), Legal 500 Europe (since 2003), Euromoney Legal Media Group (since 2002), PLC (since 2003), European Legal Experts (since 2006) and Best Lawyers (since 2009). In 2005, Ralf and the Munich TMT Practice Group won the JUVE award "best law firm for media". He has authored several law review articles focusing on media, copyright, telecommunications and data protection law and regularly speaks at industry conferences. Since 1996 Ralf serves as a member of the legal committee of the Chamber of Industry and Commerce for Munich and Upper Bavaria and, in 2011, was awarded with its medal of honor.

Ralf studied at the University of Konstanz and passed his second state exam in 1988. From 1988 to 1990 he served as a research assistant at the University of Geneva, Switzerland. In 1991, Ralf obtained his LL.M. from Duke University School of Law as a Fulbright scholar and then worked as a foreign associate in Washington, D.C. until 1992. From 1993 to 1994 he worked as an associate at a leading German corporate law firm in Frankfurt/Main. Between 1994 and 1998, Ralf was an in-house attorney with the Kirch Group in Munich and from 1996 headed the legal department of DF 1 Digitales Fernsehen, a digital Pay TV operator. Before opening the Munich office for McDermott in 2002, Ralf was a partner in a leading German commercial law firm in Munich. He was admitted to the New York State Bar in 1992, the Frankfurt/Main Bar in 1993 and the Munich Bar in 1995.

Representative Transactional Matters

Drafting and negotiation of the framework agreement between a leading European telecoms group with a European WiFi operator for the establishment of a joint WiFi network in Germany and Eastern Europe.

Advising leading technology companies on the establishment of a new industry association for the introduction of an open standard for payment in the public transport sector and on the setting up of the IP structure of the association, including the preparation of various license and cooperation agreements.

Advising a leading German Internet service provider in connection with the establishment of a software-as-a-service platform in Germany and the USA (including the drafting of agreements with software vendors and the rendition of regulatory advice).

Drafting the framework agreement between a leading European IPTV operator and a US Free and Pay TV broadcaster for the distribution of IPTV/cable TV broadcasts and video-on-demand content in Germany and Eastern Europe.

Advising a telecoms operator on the introduction of its digital books and magazines online distribution platform as “APP” in the Apple iTunes store. Drafting an IPTV platform framework agreement between a European operator and a Chinese telecoms equipment supplier for Central and Eastern Europe.

Advising on an IPTV software platform agreement between a leading European IPTV operator and Microsoft (including the development of a satellite hybrid client software solution for set-top boxes).

Advising on the negotiation of the sale of a Pay TV advertising agency’s majority shares to a leading German Pay TV platform operator.

Advising a large German cable operator in connection with the negotiation of a copyright license agreement with GEMA and all other relevant German collecting societies and the public broadcasters for the grant of cable redistribution rights.

Advising a leading German scientific research institution in connection with the opening of the first U.S.-based research institute, including overall management of the cross-border project and assistance in connection with the drafting of the IP policy, and with other operational matters.

Advising a German “Mittelstand” media holding company in its purchase of a majority stake in a Pay TV advertising sales agency from a leading Pay TV operator, as well as advising the agency in connection with its marketing and advertising sales agreements with international Pay TV operators.

Advising a leading multinational media company on the purchase of a substantial stake in a mobile television operator in Germany.

Advising a leading German IPTV platform on the negotiation of license agreements for the purchase of video-on-demand and electronic sell-through rights to motion pictures from all major U.S. film studios.

Advising a leading German Pay TV operator in connection with the sale of its minority shareholding in a digital satellite Pay TV platform to a finance investor, and on the purchase of a minority stake in a teleshopping operator.

Advising a leading European conditional access software provider on the negotiation of a license agreement for the encryption of digital satellite broadcasts with a digital satellite platform.

Advising Germany’s leading mobile phone operators on the formation of a joint venture for the provision of mobile television services.

Representing a private equity fund in its acquisition of shares in an Internet advertising company.

Advising a leader in the German IPTV platform industry on the distribution of IPTV programs with Free and Pay TV broadcasters as well as advising on issues in connection with copyright law and collecting societies.

Advising an ASP operator on the negotiation of application service provider agreements for the provision of IT services supporting the sale of TV advertising to several Free and Pay TV broadcasters.

Advising investors in connection with the purchase of a stake in a Free TV broadcaster.

Advising a large German bank on the negotiation of an asset purchase agreement of a leading European film library and a volume license to a leading Free TV broadcasting group.

Advising numerous cable network and telecommunication operators, ISPs and media companies on the cable, Internet and broadband distribution of programs and in the negotiation of licensing and distribution agreements with content providers, network operators and collecting societies.

Representative Regulatory and Litigation Matters

Advising a leading German distributor of online games in connection with the termination of a browser game agreement with an international game developer, including the preparation of the court proceedings.

Representing a leading telecoms operator in a litigation dispute against an international software vendor due to a failed software development project for group-tailored payment transactions.

Advising a leading German telecommunications operator on the legality of a sweepstake and of changes to its end-customer contracts.

Advising on the settlement of a multi-million Euro law suit of an international hardware manufacturer against a system integrator on a failed digital broadcasting project.

Advising a telecoms operator on the legitimacy of evaluating and utilizing user related data and usage-data of end consumers under German and European data protection rules.

Drafting the statement of claim and advising in a potential dispute involving a Pay TV advertising sales agency against a leading Pay TV operator in connection with the adaptation of an advertising sales agreement.

Advising a German public radio broadcaster on a broadcasting regulatory matter.

Advising a major U.S. film studio on copyright and regulatory (youth protection) issues with regard to a download-to-own agreement for library movies and TV programs with Apple's iTunes service.

Advising a leading multi-national Pay TV operator on media law regulatory issues in connection with arbitration proceedings.

Representing a leading Dutch media company in three state media authorities’ regulatory proceedings in connection with its shareholding in one of the largest German broadcasting groups.

Advising a leading multi-national Pay TV operator in connection with the issuance of 14 media licenses as well as the telecommunications license necessary for the establishment of a DVB-H based mobile television platform and the corresponding litigation by competitors.

Advising a leading German IPTV platform on the distribution of Free and Pay TV through IPTV (media, telecommunications and antitrust law).

Representing a leading German teleshopping operator in a litigation dispute against the analogue cable allocation decision of a state media authority in the administrative court.

Advising a leading Pay TV operator on its planned gambling and betting broadcast and Internet activities.

Representing a German Cable TV industry association in the merger control proceedings of the large German cable TV operators before the Federal Cartel Office.

Advising a major U.S. film studio in connection with the insolvency proceedings of Kirch Media AG and other Kirch Group companies.

Representing a cable TV operator in multi-party litigation and arbitration proceedings against Free TV broadcasters in connection with the digital distribution of Free TV programs.

Advising numerous TV and radio broadcasters as well as cable TV operators and ISPs across a broad range of regulatory matters including the application for broadcasting licenses and the assignment of frequencies, the allocation and pricing of cable capacity, the non-discriminatory access to digital platforms and other cutting-edge broadcasting, telecommunications and regulatory law issues.

 

Education

  • University of Konstanz, Dr. jur., 1993
  • Duke University School of Law, LL.M., 1991
  • University of Konstanz, State Exam, 1988

Languages Spoken

  • English
  • French
  • German

McDermott Will & Emery

McDermott Will and Emery