Kai-Oliver Giesa

Dr. Kai-Oliver Giesa

Counsel
Rechtsanwalt

CMS Hasche Sigle
Schoettlestraße 8
70597 Stuttgart
Germany
Languages German, English

Kai-Oliver Giesa advises his clients on all legal aspects of purchasing, production and distribution. He focuses on product liability, advising, amongst others, on product alerts and recalls, and furthermore drafts and negotiates framework supply, purchasing, quality assurance or logistics agreements. Kai-Oliver also assists his clients with enforcing or encountering claims, plus has particular expertise in establishing and restructuring distribution systems. In this context, he regularly drafts authorised dealer and commercial agency agreements.

Kai-Oliver, who has been a counsel since 2015, joined CMS in 2010 and was seconded to a US conglomerate in 2014.

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Education

  • 2007 - 2009: Trainee lawyer in Freiburg and Stuttgart, including placement at a major global automotive supplier

  • PhD; thesis on a topic related to the history of law

  • 2005 - 2007: Research assistant at the Institute for Legal History and Comparative Legal History in Freiburg

  • 1999 - 2004: Law studies in Freiburg

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Publications

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Lectures list

  • Warranty and liability in sales agreements – content of claim for subsequent performance and the duty to bear costs pursuant to the new version of section 439 German Civil Code, CMS Business Breakfast, 10.10.2018

  • Change in commercial liability in the German Civil Code as of 1 January 2018 - higher liability risk in supply chains, FED conference, Electronics Design Association, 27.09.2018

  • Invalid clauses in distribution and supply agreements: "Tried and tested" does not necessarily mean "valid", CMS Commercial Roadshow, 20.02.2018

  • Product recall – legal basis and practical tips, NORTEC Forum – Trade Fair for Production (Hamburg Trade Fair), 23.01.2018

  • Product recall – legal basis and practical tips, 25th FED conference, Electronics Design Association, 21.09.2017

  • Liability and warranty in international trade supply relationships, Association for Supply Chain Management, Procurement and Logistics annual kick-off event, 31.01.2017

  • Product recall case study, CMS Commercial Roadshow, 15.11.2016

  • Warranty, inspection, and defect reporting obligations, minimum wage legislation – implications of current case law and legislation on supply contracts, 24th FED conference, Electronics Design Association, 15.09.2016

  • Warranty, inspection, and defect reporting obligations, minimum wage legislation – implications of current case law and legislation on supply contracts, CMS Business breakfast, 27.04.2016

  • Unlimited liability? – Liability limitation clauses – an international comparison, CMS Commercial Roadshow, 17.11.2015

  • When is my company liable for suppliers and sub-contractors – implications of current case law and legislation for legal practitioners, 23rd FED conference, Electronics Design Association, 26.09.2015

  • Liability for suppliers and subcontractors, CMS Business breakfast, 25.03.2015

  • Warranty and liability: The ten most important issues for your company's supply agreements, 22nd FED conference in Bamberg (trade association for electronic design), 20.09.2014

  • Warranty and liability: The ten most important issues for your company's purchase agreements", Seminar at the German Association of Materials Management, Purchasing and Logistics e.V. 22 July 2014

  • Drafting contracts with distribution partners, Commercial Law Forum of the Ulm Chamber of Commerce, 9 November 2012

  • Unlimited liability? – Incorporating liability limitation in contracts, CMS Commercial Roadshow, 16.11.2011

  • Drafting contracts, special seminar during the first law firm placement for legal trainees at Stuttgart Higher Regional Court, from 2011 through 2015

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