German - U.S.

The German-U.S. Practice Group of McDermott Will & Emery based in New York brings legal experience and education from the U.S. and from the German speaking countries to our clients. We specialize in advising clients from German speaking countries in their U.S. activities and providing advice to our U.S. clients with respect to their operations in Europe. Our group provides advice that reflects different legal and business cultures, concentrating on cross-border transactions involving the United States and German-speaking countries: Austria, Germany and Switzerland. Our group members have European legal backgrounds and are fluent in the German language. We work closely with our European offices and can thereby ensure an integrated approach to cross-border transactions, disputes and other issues facing our clients.

PRACTICE PROFILE ~ Our German-U.S. Practice Group has represented clients in diverse industries, including aerospace, automotive, biotechnology, chemicals, commercial and investment banking, communications, defense and armaments, media and technology, energy, engineering and other professional services, internet/e-commerce, manufacturing, natural resources, packaging, pharmaceuticals and life sciences, publishing and entertainment, real estate and trading.

We have advised on a broad range of business issues, including cross-border mergers and acquisitions, strategic alliances and joint ventures, green-field investment and establishment of subsidiaries (and related personnel and visa matters), cross-border financings and securities matters, and general ongoing advice on commercial (licensing, distribution) as well as corporate governance and employment matters. Our group taps into firm-wide practice and industry groups to provide our clients with cutting-edge advice on any given matter.

APPROACH ~ We staff cases leanly but effectively with a balance of partners and associates appropriate for the size and complexity of the matter. Depending on its geographic scope, we can staff a project with lawyers from any of our 12 offices (e.g., in due diligence investigations or litigation/discovery), and partners from our German-U.S. Practice Group supervise the team and serve as the relationship partner to the client

TRANSACTIONAL EXPERIENCE ~ We have handled many high-profile cross-border transactions requiring proficiency in various jurisdictions and legal disciplines, including the recent Euro 1.7 billion sale of the worldwide PET plastic container and closure operations of Schmalbach-Lubeca AG to Amcor Ltd., the acquisition of Inc. and Fast Company magazines by Gruner+Jahr, various cross-border acquisitions by Degussa AG, various acquisitions by LION bioscience AG as well as the $1 billion acquisition of Cyprus Amax Coal Company by RAG Coal International AG and the acquisition by Kühne&Nagel International AG of the USCO logistics business. We also represent many family-owned or "Mittelstand" businesses in their transactions, such as acquisitions, joint ventures, licensing and distribution arrangements in the United States and various investment funds in their U.S. activities. We have structured diverse inbound investments by U.S. clients in the German market, including the telecommunications and pharmaceuticals sectors, as well as private equity transactions.

For additional representative M&A transactions supervised by members of the group or handled by the Firm’s M&A Practice, please refer to our M&A and International Practice descriptions.

REGULATORY EXPERIENCE ~ On the regulatory front we have represented various large conglomerates in their merger notifications in the United States and Europe, specialized industry approval processes, such as in the transportation industry, and foreign investment approvals under the Exon-Florio Act. For a number of clients we coordinate the representation of their interests before government agencies in Washington D.C. and at the state level. Finally, we have represented various investment funds with respect to U.S. regulatory issues, SEC and bank regulatory requirements

LITIGATION/ARBITRATION EXPERIENCE ~ We are also experienced in representing clients in the resolution of legal disputes whether by mediation, arbitration or litigation. In this regard, we have supervised the defense of our clients in private and governmental antitrust proceedings, labor and employment disputes, patent and other IP infringement matters, as well as various commercial disputes. Our arbitration experience includes ICC and AAA arbitrations conducted in the United States and Europe.

IT/INTERNET EXPERIENCE ~ The German-U.S. Practice Group has developed a substantial practice advising entrepreneurs and emerging companies on venture financings, joint ventures and other corporate matter

Contacts

Germany Client Services

McDermott Will & Emery

McDermott Will and Emery