Insurance Law & Insurance Supervisory Law
We are a full-service provider and partner to the insurance industry for all aspects of insurance contract law and insurance supervisory law.
Both national and international insurance companies benefit from our niche competences: from designing products for the various insurance sectors and drafting specific and general insurance terms (wordings), to the evaluation of questions of liability and coverage, representing insured parties in liability disputes (at the request of the insurer) and mounting a defence as part of coverage disputes. Our team boasts an outstanding core competence in claims monitoring for major loss events.
We regularly advise our clients from the insurance- and reinsurance sectors on questions of insurance supervisory law and how to comply with regulatory requirements. This could be the case when breaking into new markets and business areas, or if changes are made to the Austrian or European legal frameworks – as was recently the case with the EU Insurance Distribution Directive (EU) 2016/97 (“IDD”).
Our clients also leverage our know-how in relation to the supervision of the insurance industry by the Austrian Financial Market Authority (FMA). It is important to keep the regulatory framework in mind when designing products and distribution channels – and we have the industry-specific knowledge you need.
Our expertise includes:
- Financial Lines/Specialty Lines (D&O, E&O/FIPI, prospectus liability/POSI)
- Cyber-Risk and Cyber-Crime (third party liability / first party loss / business interruption)
- Financial loss/professional indemnity (doctors, financial service providers, auditors,
- tax consultants, lawyers, architects/civil engineers)
- Industrial claims – third party liability and first party loss insurance
- Product Liability
- Warranty & Indemnity Insurance (W&I), Transactional Risk Insurance (TRI), M&A-Versicherung
- Crime insurance
- Criminal legal expenses insurance
- Environmental liability/damage insurance
- Credit and guarantee insurance
- Yacht hull insurance, yacht third party liability insurance
- Motor vehicle third party liability, legal expenses insurance
Real Estate
We offer comprehensive legal advice on all aspects of this key competence: Real Estate.
Our team of real estate specialists experienced, are ready to advise you on all aspects of real estate law, e.g. real estate transactions (share or asset deals, forward purchases, forward funding etc.), real estate development, tenancy law or real estate-related disputes.
Our focus is always on you and your interests and objectives – and how we can achieve them together. We take care of your legal concerns and partner you through the full duration of your (future) real estate investment as well as your exit.
Our expertise includes:
- Institutional investors (funds, banks, insurers)
- Real estate developers
- Private foundations
- Building companies
- Clients in the construction industry
- Architects and civil engineers
- Property trustees
- Clients from the tourism and hotel sectors
- Private parties, private investors
Corporate Law
We are your trusted partner in all phases of the company lifecycle and provide you with forward-looking and legally watertight solutions.
The range of advice which our team can give takes in consulting on (and the implementation of) basic strategic decisions, as well as comprehensive management of your day-to-day business operations.
We have years of experience in establishing and acquiring companies, group restructurings, company disposals and corporate conversions. We can also advise and help you with your daily business operations, the implementation of corporate standards (corporate housekeeping) and with the negotiation of agreements with suppliers, customers and distribution partners.
Our expertise includes:
- Insurers
- Clients from the Real Estate industry
- Clients in the construction industry
- Financial service providers
- Automotive suppliers
- Advisory and other professionals (e.g. doctors, architects, civil engineers)
- SMEs
- Clients from the tourism and hotel sectors
- IT companies and software developers
- Clients from the energy sector
Dispute Resolution
Professional management and strategic foresight are particularly important in situations of conflict. This is where our profound dispute management expertise seamlessly ties in to our clients’ conflict management practice. We manage this transitory process by conducting a thorough initial analysis of the substantive and procedural risks for our client’s legal standpoint and interests. Our clients from the insurance, banking and financial services industries, manufacturing industries and SMEs also appreciate our ongoing procedural risk and cost/benefit analyses which we conduct parallel to the respective dispute.
We provide advice to and represent clients from all industries, for example in shareholder disputes, post-M&A litigation and on all day-to-day questions of liability under corporate law, IP litigation, management and professional liability matters and mass proceedings.
Our expertise includes the following areas:
- Insurance coverage disputes (insurance, reinsurance and excess insurance)
- Corporate law disputes, including shareholder disputes
- Transaction-related and post M&A disputes
- Liability and recourse disputes (incl. under insurance law)
- Real estate-related disputes
- Construction disputes
- IInsolvency disputes
- Banking and capital market disputes
- Commercial agent and authorised dealer disputes, incl. those regarding compensation payments
- IP and competition law disputes
Digitisation, IT & Media
We provide our clients with legal advice on data protection, digitisation, IT, media and communications. This is not limited to projects, the implementation of contracts or to adjusting to an environment which evolves rapidly, both technically and legally. We also advise on the enforcement, assessment and defence against claims – whether in or out of court, or with state authorities.
In this context, as a rule, only an individual solution adapted to the needs of the individual case can achieve the desired result. Our clients appreciate our technology-adapted solutions and our interest-oriented approach to providing advice.
White Collar Crime and Corporate Responsibility
Criminal law compliance risks are ever-present in business and can only be avoided if the management allots resources and focus to them. We help you with all aspects of governance, risk management and compliance – including the prevention of corruption or money laundering within your organisation.
In the event of such cases, we are called in for the forensic processing of any compliance violations, structure and accompany the legal pursuit of liability claims and their enforcement in court. Finally, we also provide support with regard to the defence in criminal investigations and court trials as well as with regard to the defence of any civil claims.
We represent both companies as well as managers with regard to criminal and civil liability proceedings before the criminal prosecution authorities and courts. Furthermore, we help damaged parties to enforce their civil law claims as private parties in adhesion proceedings.
The size of our team, the level of experience it has, and our technical set-up mean that we are the right partner for complex, information-crammed criminal law proceedings cutting across multiple sectors and legal fields.