Our Practice Goups
Venture Capital & Private Equity
For all active players in private equity and venture capital, we offer efficient legal advise for financings and investments, along with identifying and implementing exit scenarios. We have long-lasting business relationships to manage legal transactions with many funds managers and investors.
As well, we serve the portfolio company's management as a direct point of contact for all relevant legal questions in their business. Often we are closely integrated within the individual processes of the particular private equity or venture capital fund, its management and the management of the portfolio companies.
We have many years of experience in seed, venture and private equity financing as well as in buy-out and exit transactions. A considerable portion of our work in this area is working on projects with foreign investors. Our partners are experienced to steer complex international transactions especially with French and Anglo-American counterparts. Working languages on all private equity and venture capital transactions can be German, English or French.
However, we support not only investors, but also company managment and founders in their start-up phase and ongoing business operations. As we are fully familiar with legal requirements of private equity and venture capital investors, we know what start-ups need to consider, especially in view of a future exit.
Mindful of the financial situation of start-up companies in their initial phase, we can offer individual consultation package that fits their budget.
We especially provide assistance in the following areas:
- Preparing and drafting term sheets, preparing and negotiating contracts, especially in connection with rounds of financing, restructuring and exits
- Performing legal due diligence, including special due diligence for particular cases and scenarios
- Preparing and executing standard agreements and relevant updates
- Protecting IP rights of portfolio companies
- Delivering ongoing legal advice, for example in labor law, contract management and corporate housekeeping
- Conducting tailor-made reviews of complex legal questions
- Solving legal disputes, either in or out of court
Contact!
Christian Franz
Partner
Deal Insights!
Sale of majority of German PROFITBRICKS GmbH to 1&1 INTERNET SE
Our Partner Dr Christian Franz has advised the founders and majority shareholders of BERLIN-based cloud computing provider PROFITBRICKS GmbH on the sale of their stake in 1 & 1 INTERNET SE. Andreas Gauger and Achim Weiß, have founded the company in 2010 and employed more than 120 people. The company is a specialized cloud computing provider for Infrastructure-as-a-Service (IaaS) in Germany and offers professional public and hybrid cloud solutions based on the strict German and European data protection guidelines. In the future, Achim Weiß will be a member of the board of 1&1 Internet SE.
#M&A #Anti-Trust law
Private Euqity funded QSIL Group acquires the majority FCTI Ingenieurkeramik
Dr Christian Franz has advised the Private-Equity funded QSIL Group on the acquisition of a majority stake in FCTI Ingenieurkeramik GmbH, a specialist for silicon nitride and silicon carbide-based ceramic materials, QSIL is one of the world's leading manufacturers of quartz glass and oxide ceramics with a reported turnover of more than €100m. With the majority stake in FCTI Ingenieurkeramik GmbH, the QSIl Group takes over a company with 30 years of experience and competence in materials technology and in the manufacture of ceramic high-performance materials and composites. FCTI Ingenieurkeramik GmbH specializes in silicon nitride and silicon carbide-based ceramic materials.
#M&A # Private Equity
A few case examples for our practice from the last 20+ years with hands on management by the partners of DFA
Squeeze-out of miniority shareholders of Erfurt-based Ibykus AG
Our Corporate law team team has advised the Squeeze-out of Erfurt based Ibykus AG für Informationstechnologie‘s minority shareholders by way of merging Ibykus into Isthmos Holding AG. Our team has acted as Counsel to the majority shareholder.
#Corporate
Ad-on acquisition of german fintec company in Hungary
Dr. Christian Franz and the transactions team has advised a German software company in the fintec sector to acquiring a Hungarian competitor. Our team has acted as Counsel to Blue Horizon Ventures.
#M&A # Venture Capital
Convertible loan by Isthmos Holding AG
Dr Christian Franz has advised the Issuance of convertible loan by Isthmos Holding AG of German Stock Corporation shareholders by way of amortization of their shares without reduction of the Company‘s share capital after conversion of the shares into non par-value shares.
#Corporate
Recent news from DFA's litigation practice
Our litigation team team has files claims and conducts proceedings for nullification of a implementation regulation of the European Commission with the European Court of Justice.
DFA acts as counsel in litigation relating to the non-performance of an international plant construction contract as a result of sanctions imposed on the principal of the contract.
DFA sues major German bank for non-performance under a URDG [Uniform Rules on Demand Guarantees] 758 governed demand payment guarantee.
#LITIGATION
Recent arbitration proceedings
DFA defends German Company against a German Institution of Arbitragion (DIS) based arbitration claim for annulment of shareholders‘ resolutions.
DFA team members have acted as counsel for oil and mining player in ICC arbitration in Paris involving German and French legal aspects.
#Dispute Resolution
Recent alternative dispute resolution assignments at DFA
DFA lawyers succeed in settling a claim for insolvency nullification of a shareholder loan repayment using the argument of non-applicability of German insolvency law on shareholder loan agreement governed by the law of a different EU member state [EuInsVO]
DFA team successfully obtains annulment of default judgement and related enforcement procedures in Germany against Swiss client based on poor service of judicial documents under the EuZVO and the Hague Convention of Service of legal documents.
#Dispute Resolution