Litigation learned from the ground up
One of the main focuses of our legal practice is litigation in civil and commercial law. A lawsuit is an emotionally exceptional situation for most of the parties involved, whether for the entrepreneur or the private individual and regardless of whether as plaintiff who wants to realize a justified claim or the defendant who wants to ward off unjustified claims.
With almost 15 years of experience in this field, we can assess the legal, economic and personal consequences of such a dispute from every angle. This includes, in particular, the elaboration of litigation tactics tailored to your individual needs.
In the US, litigation has always been a recognized independent discipline in the large commercial law firms. In Germany, this insight has only matured in the last 20 years, so that we ourselves have accompanied this development over a large period of this time.
German civil procedural law is based on the principle of party rule (= Grundsatz der Parteiherrschaft) on the one hand and on the so-called “Beibringungsgrundsatz” on the other. This means that the parties determine in factual terms on which facts the court legally judges. In doing so, it is possible for the parties to bind the court in factual terms. To put it bluntly, if the parties agree that the subject of the dispute is a red wing chair, the court may only rule on such a chair and not on a wooden kitchen chair, even if it is convinced that the object in dispute is such a chair.
German civil procedural law is based on the principle of party rule (= Grundsatz der Parteiherrschaft) on the one hand and on the so-called “Beibringungsgrundsatz” on the other. This means that the parties determine in factual terms on which facts the court legally judges. In doing so, it is possible for the parties to bind the court in factual terms. To put it bluntly, if the parties agree that the subject of the dispute is a red wing chair, the court may only rule on such a chair and not on a wooden kitchen chair, even if it is convinced that the object in dispute is such a chair.
German civil procedural law offers a wide range of such options for action and arrangement for both the plaintiff and the defendant. Due to our many years of experience in this field of law, we are familiar with all these options and can effectively use them for the benefit of both the plaintiff and the defendant.
Complex legal disputes in particular extend over several instances and sometimes over years until they are finally decided. We keep track of the entire process for you so that you can use your resources more effectively during this time.
In the course of his legal career, Mr. Druckenbrodt has represented a large number of active and passive lawsuits throughout Germany. For example, as a long-standing representative, he acted for, among others, a leasing company organised under public law in disputes under insolvency law. With a team he represented a former GmbH managing director from the mechanical and plant engineering industry in a coverage lawsuit against a D & O insurance company. His experience also includes representation in post-M&A disputes, representing a German specialist bank in defending commission claims over a period of almost ten years, representing institutional investors and high net worth individuals in conciliation proceedings before state-approved conciliation committees and in court for damages arising from share transactions concerning a German car manufacturer, or representing an international bakery group in antitrust follow-on litigation. Mr. Druckenbrodt also represented a German leasing company in a team in asserting claims for damages against suppliers and defending against counterclaims based on buy-back contracts in the fleet leasing business after the collapse of the used car market as a result of the so-called scrappage premium.
If you are faced with the decision of having to conduct a legal dispute or to defend yourself against a lawsuit, please do not hesitate to contact us.