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Litigation Lawyers

When business disputes cannot be resolved by negotiations at commercial level, it becomes necessary to enforce claims effectively or protect oneself against unjustified claims. In this context, the litigation specialists in our team offer a comprehensive, top-quality service covering national and international disputes across all relevant areas of commercial law. They can not only draw on their own long experience in the field, in some cases acquired as judges, but where necessary also access the expertise of other specialist practice areas thanks to CMS' interdisciplinary structure. This enables our litigation experts to handle complex and wide-ranging cases effectively and promptly.

Main focus

Advice on contract design
Ideally, we advise our clients before a dispute arises. Careful wording of clauses governing jurisdiction and choice of law, and of individual provisions particularly prone to dispute, can prevent many problems.

Preparation for a dispute situation
Disputes generally do not occur without warning signs. Tension often builds up gradually before boiling over. At an early stage of an emerging dispute, we conduct a detailed analysis of all aspects of the situation and legal circumstances. We point out any liability risks and construct a robust negotiating position. We run through a range of dispute resolution options with you, draw up risk and cost analyses, prepare and document tailored solutions and devise a viable overall strategy.

Avoiding court action
At each stage, we examine the options for resolving the dispute amicably, if required, and advise or represent you in negotiations with the other party. We take your specific interests into account, such as the need to maintain an ongoing business relationship with the counterparty or presentation of the issue in the media and the associated implications for your company's image.

In-court representation
Should a dispute occur, we work with you to develop offensive or defensive strategies, take care of project and risk management, and handle all correspondence and documentation. We take a thorough and highly professional approach to preparing for oral proceedings and the taking of evidence. The objective and outcome of successful litigation is convincing the court to find in your favour. This not only requires close attention to the facts of the case but also outstanding knowledge of substantive law combined with analytical, psychological and rhetorical skills. Our litigation experts are trained to the highest standards in all these areas, with strategic and tactical thinking complemented by excellent local links.

Post-judgement enforcement
Our work does not stop after a judgement has been delivered. We continue to provide support and advice to ensure fast, effective enforcement of your claims, if necessary by way of compulsory enforcement.

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Hubertus Kolster
Dr. Hubertus Kolster
Man­aging Part­ner
Rechtsanwalt
Germany, Berlin
Hubertus Kolster has been the managing partner of CMS Germany since 2011, and as one of Germany’s leading commercial law firms, CMS today has more than 600 lawyers and offices in eight major German...
Alexander Bossel
Dr. Alexander von Bossel, LL.M.
Part­ner
Rechtsanwalt
Germany, Cologne
Alexander von Bossel specialises in IP/IT litigation with a focus on representing international and German companies, many of whom DAX-listed, in unfair competition and trademark law cases. Another...
Picture of Christoph Schröder
Dr. Christoph Schröder
Part­ner
Germany, Hamburg
As a member of the firm’s China Desk, Christoph Schröder advises companies on commercial and corporate law.He supports in particular Chinese state-owned and private enterprises in relation to their...
Frank Grünen
Frank Grünen
Part­ner
Rechtsanwalt
Germany, Duesseldorf
Born in Krefeld in 1959. Studied law in Bonn, Aix en Provence and Freiburg i.Br. Started practising as a lawyer in 1990 with Rechtsanwaelte Imbach & Kollegen, Freiburg i. Br. 1992: started practising...
Stefan Höß
Dr. Stefan Höß
Part­ner
Rechtsanwalt
Germany, Munich
Stefan Höß is a frequently recommended real estate expert and advises real estate companies and investors on their transactions. He also provides ongoing advice to ensure a successful asset management,...
Jost Kienzle
Dr. Jost Kienzle
Part­ner
Rechtsanwalt
Germany, Hamburg
Jost Kienzle is a maritime sector expert with long-standing experience advising on all legal issues that are relevant in this particular industry. His clients include shipyards, shipping companies,...
Eckart Gottschalk
Dr. Eckart Gottschalk, LL.M. (Berkeley)
Part­ner
Rechtsanwalt | Fachanwalt für Handels- und Gesellschaftsrecht (Certified lawyer for commercial and corporate law)
Germany, Hamburg
With special expertise in the aerospace, defence, finance and infrastructure sector, Eckart Gottschalk advises companies on all aspects of corporate law, including M&A transactions, joint ventures...
Martin Krause
Martin Krause
Part­ner
Rechtsanwalt | Fachanwalt für Bau- und Architektenrecht (Certified lawyer for construction and architects law)
Germany, Cologne
Martin Krause specialises in private construction law, including all engineering and architecture matters. He in particular focuses on industrial plant construction projects in the energy and renewable...
Benjamin Lissner
Dr. Benjamin Lissner
Part­ner
Rechtsanwalt
Germany, Cologne
Benjamin Lissner specializes in national and international arbitration as well as in other types of alternative dispute resolution. Furthermore, he has extensive experience in state court litigation....
Dr. Torsten Lörcher
Part­ner
Rechtsanwalt
Germany, Cologne
Torsten Lörcher specialises in international dispute resolution with a focus on arbitration. He is also well versed in alternative dispute resolution and an experienced litigator. His practice concentrates...