Overview
Dr. Damian Hecker focuses his practice on litigation in commercial law and corporate law disputes.
Damian has more than 30 years’ comprehensive experience rendering advice, particularly in litigation, dispute resolution, and as an arbitrator. He advises clients on commercial-law and corporate-law matters of all kinds, especially regarding the configuration of articles of association and partnership agreements, and assisting in disputes between shareholders. A further focal point is defence against all forms of compensation claims, predominantly claims made against Board of Directors members and managing directors due to allegedly duty-breaching exercise of office (corporate officers’ liability).
Before joining McDermott, Damian worked as a partner at a large international law firm and a renowned national law firm, both in the area of litigation.
Damian has been a member (with a short interruption) of the Board of Directors since 2011 and (since 2017) of the Presidium of the Düsseldorf Bar Association. Furthermore, he is a member of the 8th Statutory Assembly (“Lawyers’ Parliament”) at the Federal Bar Association of Germany.
Results
- Advising and representing a former member of the Board of Directors of an international holding AG in the defence against compensation claims (corporate officers‘ lability) inter alia due to allegedly flawed capital increases (more than EUR 13 million) and alleged failure to file for insolvency in a timely manner (more than EUR 100 million);*
- Advising and representing a former managing director in the defence against compensation claims (corporate officers‘ liability) due to allegedly duty-breaching management in connection with factoring and liquidity management (more than EUR 2 million);*
- Advising and representing the managing director of a real-estate fund in the defence against compensation claims due to alleged deception of the shareholders and allegedly duty-breaching management with causation of the investment company‘s insolvency (more than EUR 8 million);*
- Advising and representing the managing director of a real-estate fund in the defence against compensation claims due to allegedly duty-breaching management (c. EUR 10 million);*
- Rendering advice to self-employed partners (attorneys, patent attorneys, doctors) regarding the configuration of their partnership agreements, as well as advising and representing companies and individual partners on disputes, particularly in connection with the departure of partners, and settlement claims;*
- Advising and representing partners at insolvency administrator firms in connection with the departure of partners from the firm;*
- Advising and representing a minority shareholder at a family company with more than EUR 30 million in turnover (complex corporate-law issues regarding rights and powers);*
- Representing an international pharmaceutical group in arbitration proceedings against an international laboratory company due to breach of the supply contract (complex issues regarding contract breaches, extraordinary termination, and calculation of remuneration and lost profit; more than EUR 40 million);*
- Advising and representing a well-known attorney firm in connection with the defence against insolvency challenge claims by the insolvency administrator of the previously-advised client for repayment of fees;*
- Advising and representing an international medical device manufacturer in connection with the enforcement of compensation claims based on professionally receiving stolen goods against several purchasers of stolen products;*
- Advising and representing the founders and managing directors of a large real-estate fund in the defence against compensation claims by the insolvency administrator of the investment company due to allegedly duty-breaching management (several proceedings with a total of more than EUR 40 million);*
- Advising and representing an operator of senior-citizens‘ residences in connection with the assertion of compensation claims due in the duty-breaching termination of a lease contract (c. EUR 50 million); *
- Advice rendered on an ongoing basis in the operator of several gambling casinos in Germany.*
*Matter handled prior to joining McDermott
Community
German Institution for Arbitration (DIS)
Credentials
Education
University of Freiburg, Dr. jur. (PhD), 1988
Studied at the universities of Freiburg, Berlin, Speyer and Georgetown University, Washington, D.C., 1978 – 1983
Admissions
Germany
