News Releases
07/12/2010: WINHELLER Attorneys at Law Join The International Society of Primerus Law Firms
Frankfurt / Grand Rapids, MI, USA. WINHELLER Attorneys at Law are very pleased to announce that the law firm has been accepted into membership by the International Society of Primerus Law Firms (Primerus), a highly selective alliance of small to medium-size, independent law firms. The law firm now represents the alliance within Germany. Attorney Stefan Winheller, Tax Law Specialist and Managing Partner, expresses his enthusiasm about the options that now are at the firm's and its clients' disposal.
03/11/2010: RRII – Yearly Conference in Amsterdam
Atty. Martin Sach will present a case study on the HRE Case at the yearly conference for institutional investors in Amsterdam. The conference's keynote speaker is Tony Blair.
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02/03/2010: Hypo Real Estate Case: Applications entered into the claims register
WINHELLER Attorneys at Law are pleased to advise that our applications for assessment of breaches of capital market information obligations against Hypo Real Estate Holding AG were entered into the claims register in the Federal Electronic Gazette on Wednesday, February 3, 2010. Private and institutional investors having purchased HRE shares between September 27, 2007, and January 15, 2008, may join the action until June 2, 2010, 12 o'clock pm. However, joining the action is only recommendable if investors have filed a claim to Munich district court by January 15, 2009 (respectively until September 29, 2009 as to investors located outside the Federal Republic of Germany). Claims filed after that date might already have expired.
In the course of the present proceedings, it turned out that HRE had notice of necessary markdowns on its US CDO portfolio not later than September 27, 2007. On that date as well as on November 26, 2007, suitable internal notices have been on hand for the firm. The objective of the Model Action is to assess that HRE was obliged to promptly publish these notices and that failing this obligation entitles investors to file claims on indemnification against HRE.
Claims based on share purchases at a later moment and for other reasons remain unaffected. The court will decide on them later.
11/13/2009: Dividium Capital Group Ltd. Case
Our firm represents several aggrieved investors of the Dividium Capital Group Ltd. and its legal predecessor, the International Invest Ltd., respectively. Mainly German, Swiss and U.S. investors are affected by this case. German authorities assume that Dividium built up a fraudulent system and it is therefore doubtful that Dividium ever invested its clients´ monies according to the pretended business model.
In the meantime, the Swiss financial authority FINMA has instituted proceedings against a Swiss branch of Dividium whose principal office is located on the Isle of Man. The bankruptcy proceedings are still pending.
In breaching its contractual duties arising out of its “joint venture agreements” the company entered into with its clients Dividium does not pay back the invested monies to its investors. To our knowledge, the company has not been responsive to any demand for repayment by its clients. However, it seems that at least some funds could be found on the company´s bank accounts with HSBC bank which is why legal proceedings against Dividium might still be successful (for more information on Dividium and HSBC please refer to Matthew Goldstein´s article on www.reuters.com). Depending on the facts and circumstances of the specific case, filing action against the client´s broker or agent who sold the company´s investment products to the client and thus violated his duties for correct investment advice could be even more lucrative.
Please note that our firm is able to represent aggrieved investors from abroad against their agents and against Dividium out of court only. Usually, it is therefore advisable that you retain local counsel in the country where your agent/broker is located.
11/02/2009: K1 Funds/Helmut Kiener Fraud Case
Investors in Helmut Kiener's “K1-Fondsgruppe” possibly have to face high losses of capital. Harmed are those who have invested in Kiener's funds as well as bonus shares and structured notes concerning these funds. The public prosecution office in Würzburg (Germany) suspect Kiener of having embezzled the entrusted moneys partly for his own benefit with the help of a complex company network, instead of investing it as agreed. The public prosecution assumes that Kiener built up a pyramid investment scam, comparable in its dimensions to the German “Phoenix Kapitaldienst GmbH” case. Last week Helmut Kiener was arrested and remanded into custody.
In case of closing the funds, structured notes and bonus shares regarding these funds could lose their value as well.
Aggrieved private and institutional investors should file their claims immediately, as big banks have also entrusted money in the tens to hundreds of millions, which they will call in. Purchasers of bonus shares and structured notes can possibly sue their investment advisers for damages, because K1 partly pledged unrealistic high returns.
10/27/2009: Munich Regional Court opens Model Proceedings against Hypo Real Estate
Munich Regional Court informed us that the Model Proceedings will be opened against Hypo Real Estate Holding AG. Based on our application, the Court is intending to submit our applications for assessment to the Higher Regional Court who will conduct the Model Proceedings in order to take evidence about the defendant's capital market communication during the years 2007 and 2008. The Regional Court considers our complaint as conclusive and substantial. This means an important stage win for us as the court confirms that it is likely that Hypo Real Estate have breached their obligations to provide correct and complete capital market information. However, the successful outcome of the proceedings depends on the results of the evidence hearing to come.
01/02/2009: Claims for damages against Hypo Real Estate Holding AG are at risk of expiring
WINHELLER Attorneys at Law advise to act quickly, by January 15, 2009 at the latest. Investors who purchased shares in HRE Holding AG (HRE) between October 2, 2007 and September 28, 2008 are most likely entitled to claims for damages against the company and its former management. In addition, owners of certificates referencing HRE shares as base value, can hope for their damages to be compensated.
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06/06/2008: WINHELLER Attorneys at Law among top 10 German medium-sized law firms
WINHELLER Attorneys at Law rank among the top 10 German medium-sized law firms according to German newspaper “Frankfurter Allgemeine Zeitung”, the Soldan GmbH, the German Federal Bar and the German Federal Attorneys´ Association. We thank all our clients without whom we would not have achieved this excellent result. Thank you!
05/15/2008: New Office Address
Our main office moved from Bettinastr. 30 to Corneliusstr. 34 in Frankfurt, Germany. Also, please note our new phone and fax numbers. Thank you!
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