Director’s liability

Efficient defence against liability claims

The defence of liability claims brought by insolvency administrators against managing directors is one of our essential competences as lawyer specialising in insolvency law and litigation.

As the managing director of a corporation you are particularly threatened by possible liability in a crisis. Once you are obliged to file for insolvency and thus the duty of the managing director to file for insolvency arises, you are personally liable for numerous payments that the company still issues. This can result in a liability volume in the high five- or six-digit range even if the application is only a few weeks late. Our main competencies in these scenarios lie in both defence and prevention:

1. We support you in and out of court in the defence of claims arising from director’s liability

2. we advise you preventively in the crisis situation to avoid liability claims

If the insolvency administrator’s claim is already brought forward, we will present ourselves to you and, based on our expertise as lawyers specialising in insolvency law and litigation, we will be able to assess to what extent a possible claim can be completely averted or reduced. The arguments of the insolvency administrators can effectively be countered with skilful tactics and the necessary experience. As a rule, we can either remove the basis of the claim or at least negotiate a considerable reduction of the required liability. The positions insolvency administrators take are often open to attack due to a lack of substance!

If you have a director’s and officer’s liability insurance (also known as D&O insurance, , manager’s liability insurance or pecuniary loss liability insurance), this often covers at least part of the damage incurred after prior legal advice. Of course we represent you in such cases. The settlement is then usually made through the insurance company.

The same applies to personal claims by other creditors such as the tax office or health insurance companies. Their claims can also be effectively attacked and reduced with the right strategy. Use our experience to protect yourself from personal liability!

Effective strategies for you as managing director

In the event of a crisis in the company, we can advise you in advance as a preventative measure so that personal liability in the crisis can be avoided or at least reduced. Avoiding liability means first of all recognizing whether action must be taken and knowing which steps must be taken in which order to keep all options for action in hand. Our expertise enables you to identify all the options that still exist and to make use of them.

No matter what scenario results from our advice for you, in the event of a crisis or a claim brought, we will accompany you until all liability issues in question have been resolved, and will present ourselves to you with our experience and competence.

The earlier we are involved in the consultation, the greater the potential to minimize or avoid the damage for you. If you involve us in good time, we can help you to avoid costly legal disputes or criminal proceedings and to reach a settlement that is favourable for you, or at best even an out-of-court defence of your claim. But even in court there are still many possibilities to reduce or avoid possible liabilities. As experienced litigation lawyers and trial attorneys, we will be at your side at all stages of the proceedings and represent your interests in the corporate crisis and in liability and criminal proceedings.

Civil liability is often followed by criminal liability of managing directors due to delay in filing for insolvency. Here, too, we are at your side as experienced and assertive criminal defence lawyers to protect you and, if necessary, your family from the worst consequences.

In an investigation or interrogation, it is very important to be represented in good time and not to wait until the investigators and the public prosecutor’s office (Staatsanwaltschaft) take further steps. Avoid any conversation with the police or investigating authorities without a defence lawyer and prior inspection of the files!

In case of a search or seizure, but also in case of a warrant of arrest or the threat of arrest, we will be at your side immediately and help you to prevent the worst consequences.

We will take over the defence in the case of insolvency offences such as delay in filing for bankruptcy, bankruptcy, embezzlement, fraud, credit fraud, withholding and embezzlement of wages and in the case of balance sheet offences.

Please feel free to call us without obligation – we will support you with your request.