winheller.com

Deals & Cases

Below please find a few representative deals and cases we handled for our clients:

Bitcoin Deutschland AG

WINHELLER team advises most important trading platform for Bitcoins in Germany bitcoin.de on cooperation with Fidor Bank AG: especially on questions related to bank supervision, during  the negotiations regarding the cooporation agreement with Fidor Bank AG and in connection with the legally compliant structuring of client relations.

Sector: Banks & Financial Institutions

Rally Group GmbH

Advised US based provider of online fundraising platform on legal and tax issues in connection with its market entry to Germany. Services include set up of client's German branch in Berlin and ongoing advice on questions of employment, internet, trademark, tax law, etc.

Sector: Telecommunications & IT

Financial Institute

Drafted agreements and general terms and conditions for a medium-sized financial institute, advised client on issues of securities law and financial supervision.

Sector: Banks & Financial Institutions

Gemeinnützige Respekt! Kein Platz für Rassismus GmbH

Drafting of sponsoring and cooperation agreements between the charitable Respekt! GmbH, a Frankfurt based initiative lobbying for mutual respect and tolerance, and IG-Metall, one of Germany's biggest labor unions. Negotiating the agreements which led to a close, successful cooperation between the two organizations.

Sector: Nonprofit Organizations & Public Sector

Governmental Department

Comprehensively advised and represented a German governmental department in connection with the set up of various charitable associations and a foundation governed by public law in the field of promotion of science and of the health care sector.

Sector: Nonprofit Organizations & Public Sector

Russian telecommunications sector
Won legal proceedings before the Frankfurt Regional Court on behalf of one of the major companies of the Russian telecommunications sector. Obtained a judgment against the opposing party, a London based mobile communications company, in the amount of approx. 2.5 million Euro. The court decided in favor of our client after two years of legal dispute on claims under trade law which have their origin in a relation on telecommunication services between the two companies.

Family Office

Our lawyers assisted a US based family office (> USD 50 Mio.) in taking over the majority of the shares issued by a US-based stock company listed on the Frankfurt stock exchange.

Sector: Banks & Financial Institutions; Wealthy Individuals & Families

Forex Capital Markets Ltd.

Advised and assisted the leading Forex broker with market entry in Germany. Services included set up of German branch in Berlin, advice on issues of financial supervision, employment, tax and internet law.

Sector: Banks & Financial Institutions

Luftfahrt ohne Grenzen e.V. / Wings of Help

Improved the financial structure of the international relief organization Luftfahrt ohne Grenzen e.V. / Wings of Help by advising and representing it before the US tax authorities in order to achieve the status of a "charitable organization" according to US law. Represented Luftfahrt ohne Grenzen e.V. / Wings of Help before an important US-based foundation which has been supporting the German association's activities for years.

Sector: Nonprofit Organizations & Public Sector

Provider Online Chat Website
Comprehensively advised owner of the most successful online chat website ever on legal and tax questions relating to the establishment of his business in Germany: Immigration law, company law, tax law, IP law, etc.

Sector: Telecommunications & IT

Stealth Components Inc. / Stealth Components Europe GmbH

Set up the company’s European headquarter. Services included advice regarding the legal structure, capitalization, the tax implications as well as all administrative steps involved in the incorporation process. Also drafted the new company’s employment contracts and bonus plan.

Sector: Machine Building, Plant Construction & Electrical Engineering

Foundation for Environmental Protection

Advised the charitable Germany-based foundation which is dedicated to the protection of the environment regarding the revision of its articles of association in the course of the insertion of a considerable share of a related holding company into the foundation.

Sector: Nonprofit Organizations & Public Sector

US Savings Bank

We successfully assisted a US-based savings bank in connection with the exchange of shares pledged as a loan collateralization worth about 2,75 Mio. USD.

Sector: Banks & Financial Institutions

KinderSpielHaus gGmbH

Assisted the nursery school with the transformation from the legal form of an association into a charitable GmbH (Limited), taking into account aspects of corporate, labor and tax law. Ongoing legal and tax advice.

Sector: Nonprofit Organizations & Public Sector

Baugenossenschaft Langen eG

Provided the charitable building cooperation with comprehensive legal advice on all questions of compliance. Predominantly assisted with the implementation of a compliance management system and fulfill the function of the client's compliance officer.

Sector: Nonprofit Organizations & Public Sector

Islamic Relief e.V. Deutschland

Comprehensively advised the international aid organization on legal issues such as a change of the articles of association, managing director's agreement, licence agreements, set up of a dependent charitable entity (gGmbH).

Sector: Nonprofit Organizations & Public Sector

Legal Due Diligence

Legal due diligence on the intellectual properties, know-how and software, as regards civil engineering and respective manufacturing processes. Extensive examination of a project handled in Russia with a project value of significantly more than one million Euro.

Sector: Building & Construction

Foundation Tell 38

Advised the famous German dramatist Rolf Hochhuth on the planned set up of the foundation for arts and literature named Tell 38. The foundation's name is a reverence to Maurice Bavaud who planned to assassinate Hitler in 1938 and who was executed in 1941. 

Sector: Nonprofit Organizations & Public Sector

Global Oil & Gas AG

Advised and assisted the Germany-based independent oil and gas exploration and production company in connection with the posting of employees from Germany to the US.

Sector: Commodity Trade

Regional Association of Deaf Persons Hesse

Comprehensively advised and represented the association, e.g. with the local tax authorities in order to obtain favorable taxation for the agency of sign language interpreters operated by the association, also advised regarding the set up of a charitable entity, employment agreements, etc.

Sector: Nonprofit Organizations & Public Sector

Dracco Group (DK, HK, NL etc.)

Planning of international corporate, licensing and tax issues for the owner of the rights to the "Filly" toys ("Filly" horses) which are known internationally and distributed worldwide: Drafting of international licensing agreements, set up of a Dutch entity for licensing and distribution, ongoing tax and legal advice and representation before the German Federal Central Tax Office as well as Dracco's licensees.

Sector: Media, Entertainment, Fashion

 

Golden Alligator Interactivities GmbH (Germany, USA)

Comprehensively assisted the creative think tank with offices in Berlin, Germany, and Los Angeles, USA, with the application for a work permit for the USA for one of the agency's employees. The agency develops digital solutions to stage brands of famous client companies.

Sector: Media, Entertainment, Fashion

Foundation Ilse-Holzapfel

Provided the foundation of the well-known playwright Rolf Hochhuth, which runs the famous theater "Theater am Schifferbauerdamm" in Berlin, with legal advice: represented the foundation with the supervisory authority in charge and in legal proceedings to resolve internal conflicts.

Sector: Nonprofit Organizations & Public Sector

Sario Marketing GmbH

Our expert team provided international tax and corporate advice to multi-million private equity funded Sario Marketing GmbH (Germany) on the integration of US-based company Textbroker International LLC.

Sector: Telecommunications & IT

Doctors for the Third World

Provided the Germany based medicaid association with projects worldwide with legal advice in connection with changes to its articles of association and its contract with the board members.

Sector: Nonprofit Organizations & Public Sector

MARKENMODELS model agency

Advised and represented the model agency based in Frankfurt and representing models throughout Germany: Drafted model agreements, represented the agency in a legal matter with another agency (copyright issue).

Sector: Media, Entertainment, Fashion

Building Company

Legally advised a Germany based building company on corporate restructuring taking into account a Slovenian branch. Also advised on employment and corporate law issues and represented the Slovenian entity with German tax authorities.

Sector: Building & Construction

 

In-house Training on Sponsoring

Lead in-house training for one of Germany's most important national professional associations of the health care sector on the issue of taxation of sponsoring.

Sector: Nonprofit Organizations & Public Sector

BARTEC Group

Assisted the leading international, Germany based provider of industrial safety technology with the application for a work visa for the USA.

Sector: Machine Building, Plant Construction & Electrical Engineering

Buddhist Association

Advised the German branch of the international Buddhist association: Revised articles of association, drafted agreement in connection with a meditation center the organization operates in France.

Sector: Nonprofit Organizations & Public Sector

Buhl Data Service GmbH

Advised and represented the Germany-based software development company in connection with assumed erroneous asset management by financial institute (funds in the amount of over Euro 100 Mio., damage in the amount of several Mio. Euro).

Sector: Telecommunications & IT 

Online Shops for Computer Games

Comprehensively advised several successful Internet platforms that sell computer games and other media: website complying with German Internet law, especially as regards the protection of minors and data protection issues.

Sector:Media, Entertainment, Fashion

Society of Property Researchers

Comprehensively advised the German charitable association, e.g. in connection with the adaptation of its articles of association and its rules of procedure; provided continuous tax consultancy service.

Sector: Nonprofit Organizations & Public Sector

Ruf Records GmbH

Advised and assisted the Germany based music label that cooperates with national and international artists, especially in connection with the drafting of agreements.

Sector: Media, Entertainment, Fashion

Market Entry USA

Assisted Germany based manufacturer of high-voltage switches with market entry in the USA. Services included issues of corporate, visa and tax law.

Sector: Machine Building, Plant Construction & Electrical Engineering

Online Business

Drafted legally compliant general terms and conditions and notice on data protection for website of online company. Successfully defended client against unjustified law suit filed by competitor.

Sector: Telecommunications & IT

Design Protection

Advised an Asian automotive supplier on patent law dispute. Also provided advice on design protection issues under German and Polish laws.

Sector: Automotive

Architectural IP Rights USA

Advised event agency on architectural IP rights in the USA. Enforced payment of remuneration from US corporation (six digit amount).

Sector: Building & Construction

Model Agreement

Provided US based model agency with legal advice and representation in legal dispute with male model.

Sector: Media, Entertainment, Fashion

Website

Advised metal construction company how to provide a legally compliant company website.

Sector: Building & Construction

Fink Schuhe + Sport GmbH & Co. KG

Ongoing advice and representation of the sales company in connection with trademark law. The company owns around 50 specialist stores for shoes and sports articles throughout Germany.

Sector: Trade (shoes, sportswear)

Capital Investment

Successfully represented private investor claiming for damages due to erroneous investment advice by German Targobank in connection with Lehman Brothers investment: Verdict of Regional Court Frankfurt in favour of client, bank withdrew appeal after hearing before Higher Regional Court Frankfurt.

Sector: Wealthy Individuals & Families

Car Leasing Online Services

Successfully represented the Germany-based company in legal proceedings related to the quotation of prices on the Internet order. Legal advice regarding company's website regarding imprint, data privacy note, etc.

Sector: Automotive

Foundation of charitable organization

Foundation of German branch of important US-based Christian church taking two essential objectives into consideration: realize charitable purposes in muslim context, especially in Turkey, and be able to do fundraising throughout Europe. Comprehensive advice and assistance in connection with the set up of the branch including realization of trademark protection on an international level.

Sector: Nonprofit Organizations & Public Sector

Actor vs. Theater

Advised actress after non-renewal notice. Successfully assisted her in achieving a favorable out of court settlement with the theater.

Sector: Media, Entertainment, Fashion

Architectural IP Rights

Advised architectural office on protection of intellectual property in connection with a children's hospital. Drafted appropriate agreement.

Sector: Building & Construction

Unfair Competition

Successfully represented international manufacturer of carbon seat heaters in court against a competitor that used our client's products in his advertising for seat heaters of poor quality. Enforced claims for injunctive relief and damages. Six digit amount in question.

Sector: Automotive 

Capital Investment

Successfully represented private investor claiming for damages due to erroneous investment advice by German Targobank in connection with Lehman Brothers investment (six digit amount of damages): achieved verdict of Regional Court Tuebingen in favour of client and amicable agreement with bank before Higher Regional Court Stuttgart (damages mostly compensated).

Sector: Wealthy Individuals & Families

Constructional Engineering

Advised and represented medium-sized office for constructional engineering in several legal proceedings, e.g. in connection with shops of a fast food chain. Secured client's IP rights on constructional and architectural concepts in the USA.

Sector: Building & Construction

Haus und Grund Frankfurt am Main e.V.

Assisted the lobbying association of real estate owners with various legal issues: Drafted licence and publishing agreements, adapted the articles of association, represented the association during a tax audit and successfully averted claims from tax authorities.

Sector: Nonprofit Organizations & Public Sector

Capital Investment

Represented wealthy individual against German subsidiary of important Swiss bank in connection with erroneous asset management (damage: more than Euro 1 Mio.).

Sector: Wealthy Individuals & Families

poplab studios GmbH

Advised the Austria based music producing company of a successful procuder and songwriter, who works with famous German and European artists especially on agreements with international music publishers and record labels.

Sector: Media, Entertainment, Fashion

Foundation Arts & Culture

Advised wealthy family residing in Karlsruhe, Germany, on the establishment of a nonprofit foundation in the field of arts and culture.

Sector: Wealthy Individuals & Families

Fundraising Campaign

Advised Germany based international medical aid organization on issues of tax and sponsoring in connection with an important fundraising campaign "donations instead of Christmas presents".

Sector: Nonprofit Organizations & Public Sector

Liability of Employers' Association

Provided umbrella organization of German employers' association with legal opinion and advice on questions of liability in connection with their employees' claims on company pension schemes.

Sector: Nonprofit Organizations & Public Sector

Copyright Infringement

Successfully represented a composer of Russian songs in connection with the infringement of the copyrights of his pieces of music. Achieved injunctive relief and claims for damages.

Sector: Media, Entertainment, Fashion

 

Financial Services Provider (Switzerland)

Asserted claims in a six-digit amount of Euros for the legal estate of a Swiss financial services provider against several debtors located in Germany.

Sector: Banks & Financial Institutions

 

Foundation of a Family Fund

Established a private limited partnership for the purpose of the administration and protection of the real estate assets of a wealthy family living in Southern Germany.

Sector: Wealthy Individuals & Families

 

Set Up of Trust Foundation

Established a trust foundation on behalf of a tax consultancy firm. The foundation's objectives are fostering sports activities and enabling a local sports association to modernize its stadium (value approx. Euro 3 Mio.).

Sector: Nonprofit Organizations & Public Sector

 

Spin-Off Charitable GmbH

Provided staff association of a university institute (approx. 200 employees) with legal opinion on the planned outsourcing, taking into account complex issues of liability and on the financing of the institute by the municipality and the federal state. The institute was to be outsourced from a private foundation to a charitable GmbH (Limited).

Sector: Nonprofit Organizations & Public Sector

 

Establishment of a Charitable Foundation

Established a charitable foundation on behalf of a famous German musician. The foundation's objective is to foster children and youth welfare.

Sector: Nonprofit Organizations & Public Sector

 

GeKom gGmbH (Germany)

Set up of a charitable GmbH (Limited) with the function of an agency for interpreters of sign language as a spin-off of the Regional Association of Deaf Persons Hesse for economic, liability and tax reasons. Ongoing legal and tax advice.

Sector: Nonprofit Organizations & Public Sector

 

Investment Advisers' Firm

Comprehensively accompanied Germany based investment advisers' firm in connection with its market entry in the USA: Advised firm on questions of corporate and tax law related to the set up of an entity in the USA and assisted with the applications for the visas required.

Sector: Banks & Financial Institutions

 

Regional Transport Association

Provided legal opinion on the question whether a municipal GmbH (Limited) is allowed to accept funds offered by a private foundation.

Sector: Nonprofit Organizations & Public Sector

 

Charitable Foundation

Advised the charitable foundation located in Frankfurt, Germany, on the German law of foundations, especially regarding the question whether the foundation may accept a planned endowment of financially burdened real estate assets.

Sector: Nonprofit Organizations & Public Sector

 

Foundation of a Family Fund

Established a private limited partnership for a wealthy family based in the Frankfurt area for reasons of inheritance law and estate tax. The purpose of the legal entity is the administration of the family's considerable assets - especially real estate assets.

Sector: Wealthy Individuals & Families

 

Musical Production

Assisted the municipality of a city located in the region of Hesse, Germany. Advised the municipality especially on the contractual agreements related to a musical production.

Sector: Nonprofit Organizations & Public Sector

 

Stage Entertainment GmbH

Successfully represented the international media company with one of the German chambers for social benefits and pensions for artists. The worldwide biggest live entertainment company has been producing award-winning musicals and shows for many years together with excellent international partners, e.g. Disney's The Lion King.

Sector: Media, Entertainment, Fashion

 

German Singer

Legally advised a young German singer on her stage career, especially in connection with the drafting of contractual agreements with a renowned German music label.

Sector: Media, Entertainment, Fashion

 

Rolf Hochhuth

German dramatist and author, known worldwide ("The Deputy"). Founder of the Foundation Ilse Holzapfel which owns the Berlin Ensemble (German theatre company established by playwright Bertolt Brecht and his wife, Helene Weigel). Advised him on issues of German foundation law, amongst others.

Sector: Media, Entertainment, Fashion

 

creative talents GmbH (TalentArena)

Internet platform for talented artists of various styles who present their art work to the public with the intention to sell. Advised the provider of the platform in connection with its GTC, privacy policy, imprint, etc.

Sector: Media, Entertainment, Fashion

 

Events and media agency

Successfully represented a German professional organizer of parties, public and major events in legal proceedings against a competitor which infringed the trademark of the agency.

Sector: Media, Entertainment, Fashion

 

Musician

Successfully represented a musician in court proceedings: Achieved payment of suitable remuneration for an assignment as studio musician. The famous flamenco guitar player has been playing in studios as well as on stage for years.

Sector: Media, Entertainment, Fashion

 

Promoter

Legally advised a Polish promoter of concerts, musicals etc. Legal representation in a dispute about the return of a considerable advance payment related to a tour contract which was not completed by the German business partner of the promoter.

Sector: Media, Entertainment, Fashion

 

Machine Building Company

Advised a British Original Equipment Manufacturer of machines and machine parts, especially represented the company in a dispute with a Germany based business partner.

Sector: Machine Building, Plant Construction & Electrical Engineering

 

Online Gaming Platform

Legally advised the provider of competitions and auctions on the Internet. Represented the company with a German public authority that prohibited the company's website.

Sector:Media, Entertainment, Fashion

 

US Media Group

Advised the successful US based media group specializing in innovative digital media in connection with its plans to go public at Frankfurt Stock Exchange (FSE, Germany).

Sector: Telecommunications & IT

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Awards

Juve Award Legal 500 Germany 2019 azur100: Top Employer for Lawyers 2018
Focus Top Law Firm 2018