CV:

Born in 1991

Studies of law at the Philipps-University of Marburg (2010 – 2016)

Additional qualification in pharmaceutical law at the Philipps University of Marburg (2013 – 2014)

First bar exam in 2016

Legal clerkship at the Regional Court of Darmstadt (legal clerkships in a supra-local law office focusing on medical law as well as in the corporate legal department of Deutsche Lufthansa AG; „Wahlstation“ in Vancouver) (2016 – 2018)

Second bar exam in 2018

Admission as a lawyer in 2019

Employment as a lawyer in the area of general liability and product liability in a law office specialized in insurance and liability law in Cologne (02/2019 – 02/2021)

Successful participation in the theoretical part of the specialist lawyer training in medical law (2018 – 2019)

Lawyer in local law office in the fields of medical, traffic and insurance law since March 2021.

Main areas of expertise:A major part of my work is focused on medical law, as well as traffic and insurance law matters.

Member of the Frankfurt/Main Bar Association
Member of the German Lawyers Association

Vita:

  • Year of birth: 1987 
  • Law studies at the Johannes Gutenberg University of Mainz, Germany 
  • Areas of study: Family and inheritance law, international private and procedural law 
  • First bar exam: 2014
  • Legal clerkship at Darmstadt Regional Court 
  • Second bar exam: 2017 
  • Currently completion of course for specialist lawyer in family law
  • Admission to the bar: 2017 

Thematic priorities:

Since joining the office, I have been primarily focused on family law. My legal practice covers all aspects in this specific area. In particular, I advise and represent my clients in the following areas:

Matrimonial law

  • marriage contracts
  • separation, divorce and dissolution of civil unions or     marriages
  • separation agreements and agreements on the    consequences of divorce
  • separation support and post-marital support
  • marital home and household effects
  • pension rights adjustment
  • apportionment of assets and liabilities
  • accrual

protection against violence

Law concerning the rights of children

  • child support
  • parental custody
  • surrender of the child
  • handling

Law of non-marital cohabitation

  • apportionment of assets and liabilities
  • maintenance claims of the child and the child’s mother

My legal practice also extends to international family law. In cases with international implications, I advise my clients in particular on the following issues:

  • applicable law
  • options for applicable law
  • competent courts

If German courts are competent in your case and German law is applicable, I will represent you in all areas of family law.

A further focus of my legal activities relates to traffic law. In this context I advise and represent my clients in the field of civil   traffic law.          This particularly involves the handling of traffic      accidents, whereby I assist in asserting claims against insurance companies. I provide support on billing modalities (fictitious billing on the basis of expert opinions or concrete    billing) and verify all individual damage items. Material damages    may include repair costs, decrease in value, total loss, expert       costs, loss of use and rental car costs. In turn, personal injuries include compensation for pain and suffering, loss of earnings and housekeeping damages.

I also advise and represent my clients in general civil law, in particular in the following areas: sale of goods law, tenancy law, general contract law, law of general terms and conditions.

Foreign languages:

English

Member of the working group for family law of the German Lawyers Association (www.familienanwaelte-dav.de)

Vita:

  • Year of birth: 1985 
  • „Alternative Service Abroad“ at Kaleo Secondary Technical School, Ghana (2004 – 2005) 
  • Studies of law and „Complementary studies in European law“ at the Julius-Maximilians University of Würzburg (2005 – 2010) 
  • First bar exam: 2010
  • Research assistant with Prof. Dr. Christoph Teichmann at the Chair of Civil Law, German and European Commercial and Corporate Law at the Julius-Maximilians University of Würzburg (2010 – 2013) 
  • Master of Laws („LL.M.“) at the London School of Economics and Political Science in the field of „Corporate Law“ (2011 – 2012) 
  • Doctorate at the Julius-Maximilians University of Würzburg in 2016 with a dissertation on a corporate law related topic 
  • Legal clerkship at Darmstadt Regional Court (2013 – 2015) 
  • Second bar exam: 2015 
  • Admission to the bar: 2015 
  • Lawyer in two major corporate law firms in Frankfurt with focus on Corporate/M&A (2015 – 2017) 
  • since 2018 with RechtsAnwälte&Notare Berghäuser Albach Wieland Landzettel Berg Schiweck PartGmbB
  • Successful passing of the notarial subject examination 2020 (examination campaign 2019/II)
  • Appointment as notary public: 2022

Main focus:

Attorney:

My practic as an attorney focuses on family law, commercial and corporate law, and inheritance law.

I advise and represent my clients in all areas of family law. I represent my clients in divorce proceedings and all necessary subsequent proceedings. I also represent clients in and out of court in family matters such as alimony, custody or access rights. I advise on the drafting of prenuptial agreements and separation and divorce settlement agreements and represent the interests of my clients in negotiations on such agreements.

In corporate law, I advise on all phases of a company’s life, from the formation phase to adjustments or fundamental revisions of articles of association and restructurings to all questions of termination or sale of companies as well as the withdrawal of individual shareholders. I have extensive experience in advising start-ups, in particular with regard to incorporation, subsequent financing rounds, restructurings, joint venture and cooperation agreements and the sale of investments / exit. In addition, I represent clients in shareholder disputes or in liability issues of managing directors and board members.

In inheritance law, I represent clients in inheritance litigation and in defending or asserting claims to compulsory portions. I advise clients on the drafting of wills and inheritance contracts.

In addition to these main areas, I advise and represent clients in general civil and contract law.

Notary:

As a notary, I am active in the entire range of notarial activities. Here I am available for consultation and notarizations in particular:

Corporate law:

  • Formation of companies (drafting, drafting and – if necessary – notarization of the articles of association, registration of the company in the commercial register).
  • Amendments to the articles of association in all respects, including capital increases and decreases.
  • Transformations (in particular mergers, spin-offs, spin-offs, but also all other transactions under transformation law).
  • Advice on and notarial assistance with the sale of companies
  • Notarization of shareholders‘ meetings
  • Drafting, notarization and registration of company agreements
  • Commercial register applications of all kinds


Family and inheritance law:

  • Marriage and partnership contracts
  • Care and living wills
  • Lasting powers of attorney
  • Wills and inheritance contracts
  • Applications for inheritance certificates
  • (Inheritance) settlement agreements among co-heirs
  • Adoptions
  • Transfer agreements within the framework of anticipated succession


Real estate law:

  • Purchase and transfer of land and apartments
  • Real estate financing such as land charges and mortgages
  • Settlement agreements between partners
  • Declarations of partition of condominiums
  • Property development contracts
  • Leasehold contracts

My international training and my transactional experience from my work in leading international commercial law firms also enable me to provide comprehensive advice in English and on matters with cross-border implications. I also advise and represent clients, in particular, in family and inheritance law matters with an international element.

I publish regularly in recognized journals on topics within my areas of specialisation.

Foreign languages:

  • English

Publications:

  • Company Hijacking im Vereinigten Königreich, ZIP 2012, 2449-1452 
  • Der Harmonisierungserfolg der Publizitätsrichtlinie – Eine Untersuchung am Beispiel der Umsetzung in Deutschland und im Vereinigten Königreich, Nomos 2016 
  • Verknüpfung der Handels- und Gesellschaftsregister in Europa, GmbHR 2018, 281-289 
  • Online-Gründung und Digitalisierung im Gesellschaftsrecht – Der Richtlinienvorschlag der Europäischen Kommission, DNotZ 2018, 643-661
  • Schenkung von Kommanditanteilen an minderjährige Kinder – Zugleich Anmerkungen zu den Beschlüssen des OLG Brandenburg v. 16. 7. 2019 – W 53/17, OLG Oldenburg v. 17. 7. 2019 – W 53/19 und OLG Schleswig v. 27. 1. 2020 – 15 WF 70/19 – DNotZ 2020, 643-653
  • Online-Gründung von GmbHs und veränderte Registerpublizität – der Entwurf eines Gesetzes zur Umsetzung der Digitalisierungsrichtlinie, RNotZ 2021, 326-337
  • Anmerkung zu BGH, Beschl. v. 11.3.2021 – V ZB 127/19 (Familiengerichtliche Genehmigung bei Grundstücksüberlassung unter Nießbrauchsvorbehalt), notar 2021, 339-340

Vita:

  • Year of birth: 1985 
  • Studies of law at the Rheinische Friedrich-Wilhelms-University of Bonn (2005 – 2010), Università degli Studi di Firenze (2008) and the University of Cologne (2010 – 2011) 
  • First bar exam: 2011
  • Master of Laws („LL.M.“) in „Innovation, Technology and the Law“ at the University of Edinburgh (2011 – 2012) 
  • Research assistant in various national and international law firms
  • Doctorate at the University of Cologne in 2015 with a dissertation on a copyright law related topic 
  • Legal clerkship at Darmstadt Regional Court (2013 – 2015) 
  • Second bar exam: 2015 
  • Admission to the bar: 2016 
  • Lawyer in a major German corporate law firm in Frankfurt focusing on private building law and architects law (2016 – 2017)

Areas of activity:

Private building law and architects law

Since my legal clerkship, the absolute focus of my work has been on civil building and architectural law.

As a specialist lawyer for building and architects‘ law, I advise private building owners, purchasers of condominiums, condominium owners‘ associations, project developers, property developers, tradesmen and architects on all issues relating to the handling of building and renovation projects.

From drafting and reviewing contracts to providing advice during construction and representing clients in legal proceedings, all stages of a construction project are part of my ongoing practice.

In addition to the classic issues of civil building law, various other issues of real estate law are also among my other areas of expertise. Examples of this are

– Advice and procedural representation of purchasers or sellers of real property

– Neighbour law issues

– Residential property law (WEG)

A further focus has developed in commercial tenancy law. Here I advise various commercial tenants and landlords, particularly on questions of contract drafting.

I also represent our clients in various administrative law issues. Here, the focus is on public building law.

I also regularly advise our international clients in English.

Foreign languages:

  • English

Publications:

  • „Zur Verhältnismäßigkeit der Strafbarkeit privater Urheberrechtsverletzungen im Internet“, 2015 

Vita:

  • Year of birth: 1974 
  • Law studies at the Johann-Wolfgang-Goethe University of Frankfurt 
  • Research assistant at the chair of Prof. Dr. Rückert: 2002 – 2006
  • First bar exam: 2005 
  • Legal clerkship at the Regional Court Darmstadt with focus on labour law: 2005 – 2007 
  • Second bar exam and start of employment at the office: 2007 
  • Achievement of special knowledge in the field of labour law: 2008 
  • Achievement of basic knowledge for the notaryship: 2011 
  • Specialist lawyer for labour law since 2012 
  • Appointment as notary in 2014 
  • Achievement of special knowledge in the field of banking and capital market law: 2015

Main activities:

Notary * Labour law * Banking and capital market law * Commercial and corporate law * Commercial agent law

Individual/collective labour law and service law for managing directors

As a specialist lawyer for labour law, I offer comprehensive support and advice in both individual and collective labour law. In this respect I advise and represent my clients, for example in connection with:

  • Employment and managing director contracts, training or trainee contracts; 
  • Collective agreements and company agreements; 
  • Advanced training contracts and company car agreements; 
  • Representations, time limitations and part-time work; 
  • Pregnancy and parental leave; 
  • Flexible working hours; 
  • Restructuring and transfers; 
  • Warnings and admonitions; 
  • Notices, terminations and wind-up agreements; 
  • Transfer of undertakings and operational changes; 
  • Industrial constitution law and staff council law; 
  • Negotiations on reconciliation of interests and social plans; 
  • Labour law in the public sector and church-related labour law. 

In addition to my advisory activities, I also represent my clients before all labour courts, integration offices, in status determination proceedings regarding the German statutory pension insurance scheme (DRV Bund) and in arbitration committee proceedings.

Law of personnel services, consultants, service providers and subcontractors

Increasingly, work is no longer done by permanent staff. The desire for flexibility, specialisation and cost optimisation has led to a wide range of personnel services.

I support clients and personnel service providers in all phases of contract processing, from the foundation and initial business contact phase, the definition of performance targets, contract negotiations, the enforcement of contractual agreements, fee claims, but also the defence of unjustified claims, through to contract termination or the solution of competition law problems. Especially with regard to:

  • Outtasking through contracts for work or contracts of service; 
  • Contracts for freelancers; 
  • Consultancy contracts; 
  • Employee assignment; 
  • Recruitment, search for personnel and headhunting; 
  • Teaching, seminar and training contracts; 
  • Promoter contracts and contracts for the conduct of lectures; 
  • Contracts for the provision of licenses and operational know-how. 

Distribution law, commercial agents and insurance agents law

I provide support in setting up and optimising sales structures – regardless of whether your concept provides for sales by sales representatives, independent sales representatives, authorised dealers, franchise or commission business. Naturally, I will advise you comprehensively with due consideration of associated antitrust and competition law issues as well as relevant consumer protection regulations.

Furthermore, I thoroughly support independent commercial agents/brokers as well as insurance agents/brokers in all matters relating to sales law, from precautionary advice on the conclusion of contracts, the execution of contracts, commission disputes and competition law issues through to matters in connection with the termination of commercial representation, the development of succession solutions and the assertion of compensation claims.

Commercial law, in particular sales law and distribution law

I advise and represent my clients in connection with all commercial transactions, from the preparation of general terms and conditions for purchase, sale and delivery to the drafting of contracts also in the area of high-quality capital goods including related financing transactions (leasing, factoring, external financing, equity financing), the processing of warranty cases, the collection of receivables and the defence against unjustified claims.

Furthermore, I represent my clients with regard to all legal areas related to commercial transactions, in particular freight forwarding and transport law, as well as commission and warehousing transactions.

Receivables management and support for collection and factoring companies

In the area of receivables management, I provide support for both large quantities and individual cases and offer customized solutions tailored to your individual needs in coordination with your operational dunning system. Furthermore, I will gladly assist your external collection agency or factoring service provider. My services include:

  • Handling of the complete dunning process; 
  • Enforcement of both contentious and non-contentious claims; 
  • Titling of claims in court collection proceedings and lawsuits; 
  • Collection of already titled claims both out of court and in compulsory execution proceedings; 
  • Conclusion of instalment payment settlements; 
  • Monitoring of non-performing claims in insolvency proceedings and in discharge of residual debt proceedings

I support collection agencies and factoring companies in drafting internal and external contracts, in asserting their rights towards their customers, in determining their obligations, in defending against unjustified claims and in collecting remuneration claims. In the external relationship I enforce contentious customer claims after dunning procedures in legal proceedings and transfer the titled claims back to processing.

My academic education allows me to competently advise my clients even beyond these main activities at any time. In addition, I provide support in finding an in-house or external contact person specialized in related legal issues and will assist him/her in an interdisciplinary manner.

Foreign languages:

  • English

Member of the working groups for building and administrative law of the German Lawyers Association (www.arge-baurecht.de and www.anwaltverein/de.ueber-uns/arbeitsgemeinschaft/verwaltungsrecht)
Trusted lawyer of the Central Association of German Trade Associations for Trade Brokerage and Sales (CDH www.cdh.de)

Vita:

  • Year of birth: 1966 
  • First bar exam: 1991 
  • Second bar exam: 1997 
  • Doctorate: 1994 with a dissertation on „Standard of evidence and burden of proof in public environmental law“. 
  • Admission to the bar: 1997 
  • Specialist lawyer for administrative law since 2001 
  • Specialist lawyer for building and architects law since 2006 
  • Specialist lawyer for tenancy and residential property law since 2013

Main focus

Since joining the office in 1997, the focus of my activities has been on advising our clients on all issues relating to real estate, from the acquisition to the resale of properties in developed or undeveloped condition, both in and out of court. I assist in drafting, formulating and reviewing purchase contracts.

I also support our clients in disputes with real-estate agents or advise real-estate agents regarding their clients, from drafting of contracts through to court proceedings.

In addition, I advise architects and experts on issues relating to the feasibility of certain building projects in terms of building planning and corresponding regulations. I lead discussions and negotiations with building authorities and municipalities as well as other authorities as may be necessary for our clients, for example in the case of projects requiring immission protection approval. I also assist our clients in negotiations with neighbours of future construction projects, which are often already necessary at this stage, or represent these neighbours in talks with those willing to build.

This is followed by my supporting activities in the preparation and negotiation of architectural and building contracts. In view of our well-balanced client structure, I assist both public (municipal) and private clients and project developers as well as contractors such as architects, general planners and (general) contractors.

A further focus of my work is on supporting and advising local authorities, especially in all matters relating to construction and real estate. In this area I advise, for example, on issues of public procurement law, civil building law but also on any other public law issues. For example, I draft urban development contracts for both project developers and cities and municipalities for the realization of larger projects. I support our clients in drawing up development plans and defending them in judicial review proceedings. However, I also represent affected citizens and investors whose rights are impaired by construction projects or development plans.

In the course of the realization of building projects I represent clients and contractors in the handling of defects and the settlement of amendments.

Finally, I advise our clients on the conclusion and drafting of tenancy agreements. In this context, my activities focus on commercial tenancy law. However, I also represent both tenants and landlords in matters of residential tenancy law. Furthermore, I assist both tenants and landlords during tenancies in all problems arising, from necessary contract changes, settlement of amendments, any differences of opinion between tenants and landlords, through to the termination and move-out of tenants.

In case of divisions according to residential property law, I support and advise our clients on all related issues arising in this context. I represent individual owners as well as communities of owners and property managers.

My activities in all areas mentioned also include problems arising from the inability to pay or insolvency of one of the parties involved.

The only exceptions to my „everything about real estate“ advice are family and inheritance law issues on the one hand and tax law issues on the other. My colleague, Dr. Wieland, will be happy to assist you with tax law issues and my colleague, Dr. Landzettel, will provide support for all matters relating to family and inheritance law.

Range of activities:

In addition to the above-mentioned support relating to real estate, I assist our clients in all matters of contract law and public law, in particular with regard to technical planning law (construction of roads, railways and airfields), environmental law, environmental remediation law, immission control law, municipal law and civil service law. Furthermore, I have been working for many years in distribution and commercial agents law. In this area I draft contracts for entrepreneurs as well as for commercial agents or distribution partners and support them in the enforcement of claims during a contractual relationship or after its termination. In this context I cooperate with the Central Association of German Trade Associations for Trade Brokerage and Distribution (CDH) as a trusted lawyer.

Areas of law:

Foreign languages:

  • English

Publications:

  • Steinberg/Berg, Das neue Planungsvereinfachungsgesetz, NJW 1994, p. 488 et seqq.
  • Beweismaß und Beweislast im öffentlichen Umweltrecht, Nomos, Baden-Baden 1995 
  • Steinberg/Berg/Wickel, Fachplanung, Nomos, Baden-Baden 2000, 3. Aufl. 
  • Berghäuser/Berg, Wohnungsnahe Verbraucherversorgung oder großflächiger Einzelhandel – Ein Plädoyer für eine dynamische Betrachtungsweise, Baurecht 2002, p. 31 et seqq.
  • Berghäuser/Berg, Öffentlich-rechtliche Nachbarverzichtserklärung und Baulast im Widerstreit zum zivilrechtlichen Vormerkungsschutz, DÖV 2002, p. 512 et seqq.

Member of the working groups for tax law (www.steuerrecht.org), tenancy law and real estate (www.mietrecht.net) of the German Lawyers Association.
Member of the 2nd, 3rd and 4th statutory meetings of the Federal Chamber of Lawyers (www.brak.de).
Member of the committee „Specialist lawyer for industrial property protection“ of the Bar Association in Frankfurt/Main (www.rechtsanwaltskammer-ffm.de)

Vita:

  • Year of birth: 1968 
  • Studies: 1989 to 1993 in Würzburg, Germany 
  • First bar exam: 1993 in Würzburg 
  • Legal clerkship in Bamberg 
  • Second bar exam: 1995 in Munich 
  • Doctorate: 1995 with a dissertation on the topic „Accounting records as subjects of confiscation at tax consultant offices“.
  • Admission to the bar: 1995 
  • Specialist lawyer for tax law since 2001 
  • Specialist lawyer forindustrial property protection since 2007
  • Appointment as notary: 2011 
  • Specialist lawyer for tenancy and residential property law since 2013

Main focus:

Since joining the office in 1995, my activities have focused on civil law, in particular tenancy and real estate law. I also advise and represent landlords and tenants before courts in matters relating to commercial real estate or apartments. It is particularly important to me that goals are achieved as quickly and economically as possible. This is often much more helpful than a long lasting lawsuit. In the interest of my clients, I also use my extensive experience to implement rules in rental or lease agreements during contract negotiations that avoid conflicts later on. I advise many of my clients already during contract negotiations in which I participate or where I assist in the background. My clients include major lessors of commercial real estate, doctors, pharmacists, architects, medium-sized companies, restaurateurs and private landlords.

Furthermore, I am also active in other fields of civil law, mainly dealing with issues relating to acquisitions (real estate, houses, apartments, automobiles and other motor vehicles) and contracts for work and services, fee claims by physicians, accounting and dispute issues arising at energy supply companies, and advise in situations related to insolvency. In inheritance law, I represent my clients in inheritance certificate proceedings, in case of inheritance disputes, in matters relating to legacies and compulsory portions.

The range of my legal activities in tenancy, residential property and real estate law includes the following:

  • I advise proactively by drafting suitable rental or lease agreements and partition declarations of condominium communities, but also in the event of ambiguities arising in the course of a tenancy: Defects, maintenance, aesthetic repairs, energy conservation measures, modernisation, operating obligations in shopping centres, manner of use, subtenants, rent increase, index clauses, terminations, deposits, sureties, compensations, lessor’s lien, written form of tenancy agreements. 
  • I take part in negotiations in order to resolve disputes definitely and quickly.
  • Sometimes a lawsuit cannot be avoided: In this case, I vigorously represent my client’s rights before local, state and higher regional courts throughout Germany, without neglecting the objective and the economic background. This annoys some opponents because I am very committed to the individual case. Some proceedings have already produced favourable solutions, which may also include settlements.

Tax law is another focus of my legal activities:

  • I advise and represent clients in appeal and complaint procedures before tax offices and tax courts.
  • I advise clients on the filing of voluntary disclosures. 
  • I support my clients in tax optimisation in order to avoid unnecessary inheritance tax or gift tax payments. 
  • Together with renowned professional liability insurers, I defend tax consultants and auditors against liability claims. 

A further focus of my legal activities is on the protection of industrial property rights:

  • I advise and represent clients in proposed advertising campaigns.
  • I advise clients on warnings due to unauthorized advertising and represent them in court.

I support my clients in the registration of trademarks and other characteristics which stand for their company, in case of objections against registered trademarks and in case of lawsuits arising from trademarks and other characteristics.

The main focus of my notarial work is on real estate law, commercial and corporate law and inheritance law. I am particularly available for advice and notarizations in the following areas:

Real estate law

  • Purchase and transfer of properties and apartments 
  • Real estate financing, such as land charges and mortgages 
  • Deeds of partition between shareholders 
  • Declarations of division for condominiums 
  • Builder contracts 
  • Leasehold contracts 

Corporate law

  • Company formations 
  • Amendments to the articles of association including capital increases and decreases
  • General meetings 
  • Intercompany agreements 
  • Entries to commercial registers  

Inheritance law

  • Living wills
  • Health care proxies 
  • Last wills and testaments and contracts of inheritance 
  • (Hereditary) deeds of partition among co-heirs 
  • Adoptions 

In case of complex mandates, I regularly cooperate with experienced tax advisors as well as experts and, if necessary, also arrange appropriate contacts.

Foreign languages:

English

Publications

  • Rechtshängigkeit im Strafverfahren, JuS 1993, 984 
  • Unerlaubtes Entfernen vom Unfallort auf Privatgrundstück, in: Freiheit und Verantwortung in schwieriger Zeit: Kritische Studien aus vorwiegend straf(-prozess) rechtlicher Sicht zum 60. Geburtstag von Prof. Dr. Ellen Schlüchter, 1998, 111 
  • Einsendungen von Gerichtsentscheidungen: 
    • LG Darmstadt, Urteil vom 29.06.2000 – 13 O 15/99, NJW-RR 2001, 1015 (Honorar zwischen Erbensucher und ermitteltem Erben) 
    • OLG Frankfurt am Main, Urteil vom 20.02.2001 – 22 U 222/00, NJOZ 2002, 829 (Geschäftsmäßige Zahnweißung ist keine Zahnheilkunde) 
    • LG Darmstadt, Urteil vom 02.10.2001 – 14 O 214/01, NJOZ 2002, 979 (Geschäftsmäßige Zahnweißung ist keine Zahnheilkunde) 
    • LG Darmstadt, Urteil vom 11.06.2002 – 10 O 26/02, NJOZ 2004, 951 (Kann der Nacherben Auskunft über den Bestand einer Erbschaft verlangen?) 
    • LG Berlin, Urteil vom 11.10.2002 – 20 O 511/02, NJW-RR 2003, 765 (Kann die Gegenseite Äußerungen des gegnerischen Anwalts generell untersagen lassen?) 
    • OLG Frankfurt am Main, Urteil vom 15.01.2004 – 3 U 127/03, NJW-RR 2004, 969 (Haftpflicht des Hundehalters, Tierhalterhaftpflichtversicherung) 
    • OLG Frankfurt am Main, Beschluss vom 13.05.2006 – 12 W 9/06, NJOZ 2006, 2850 (Kann ein gerichtlich bestellter Sachverständiger bei unbrauchbaren Gutachten Entschädigung verlangen?) 
    • OLG Frankfurt am Main, Urteil vom 29.08.2007 – 5 UF 101/06, FamRZ 2008, 83 (Vollstreckungsgegenklage zulässig, wenn Ehegatte geltend macht, titulierte Nutzungsentschädigung für Räumungsfrist sei erloschen; im Hausratsverfahren kann Eigentümer keinen Schadenersatz geltend machen, soweit der andere Ehegatte die Wohnung unrechtmäßig besitzt) 
    • LG Darmstadt, Urteil vom 08.01.2008 – 16 O 164/07, GRUR-RR 2008, 375 (Der vom späteren Kläger abgemahnte Beklagte muss dem Kläger mitteilen, dass er wegen desselben Gegenstandes inzwischen eine strafbewehrte Unterlassungserklärung abgegeben hat: Die Kosten des Verfahrens hat dann der Beklagte zu tragen). 

Member of the working group for family and inheritance law of the German Lawyers Association (www.familienanwaelte-dav.de and www.erbrecht-erbr.de)
Member of the representatives‘ meeting of the pension fund of lawyers in the state of Hesse (www.vw.ra-hessen.de)

Vita:

  • Year of birth: 1967 
  • Studies: 1986 to 1991 in Frankfurt/Main. 
  • First bar exam: 1991 
  • Legal clerkship, among others at the University of Administrative Sciences of Speyer, an international law firm in Brussels and the „Wettbewerbssenat“ of the Higher Regional Court Frankfurt/Main. 
  • Second bar exam: 1995 
  • Doctorate: 1995 with a dissertation on „Differences and similarities between German and European merger control law – a problem-oriented comparison“. 
  • Admission to the bar: 1995 
  • Specialist lawyer for family law since 1999 
  • Specialist lawyer for inheritance law since 2005 
  • Appointment as notary: 2008

Main focus:

Since joining the firm in 1995, my activities have focused on family and inheritance law.

In addition, I am also active in civil law (in particular purchase law and contract for services law, factoring, tenancy law, law of general terms and conditions).

The scope of my legal activities in family law includes all relevant areas as well as peripheral issues.

  • I provide precautionary advice in „good times“ by drafting suitable marriage contracts. 
  • In the event of a crisis, I develop and negotiate suitable separation and divorce agreements. 
  • If it is unavoidable, I assert the rights of my clients to maintenance, pension equalisation, matrimonial property and household effects quickly and purposefully, represent them in the assertion of custody rights and rights of access and assist them in protracted and challenging asset disputes. 
  • In addition, I represent my clients in divorce proceedings and all necessary subsequent procedures (e.g. pension equalisation, post-marital spouse support and equitable division of community property). 

In the lawyer list 2014 of FOCUS-SPEZIAL magazine I was named as a top lawyerin the area of family law.

Inheritance law is another focus of my legal activities:

  • In cooperation with my clients, I plan and develop solutions for corporate successions.
  • I advise them on the drafting of wills, inheritance contracts and legacies for the purpose of regulating successions and assist them in drafting gift contracts in anticipation of successions. 
  • I support my clients in tax optimisation in order to avoid unnecessary inheritance tax or gift tax payments. 
  • I represent my clients in inheritance certificate proceedings, in inheritance disputes, in the contesting of wills, in the fulfilment of legacies and in the assertion or defence of legal portion claims. 

In civil law I am mainly active in the area of

  • Sales and service contract law and
  • Factoring

In this context, I represent several factoring companies, private schools and well-known car dealerships.

My notarial work also focuses on family and inheritance law. I am available for advice and notarizations, in particular when it comes to

  • Marriage and partnership contracts 
  • Preventive power of attorneys
  • Living wills
  • Last wills and testaments and contracts of inheritance 
  • Deeds of partition 
  • Adoptions 
  • Contracts for the partition of an inheritance.

Besides I also offer notarial support in real estate and corporate law. I mainly advise my clients in the following areas:

Real estate law

  • Real estate transactions 
  • Project development and real estate financing 
  • Declarations of division 
  • Builder contracts 
  • Leasehold contracts 

Corporate law

  • M&A transactions
  • Conversions 
  • Company formations 
  • Amendments to the articles of association including capital increases and decreases
  • General meetings 
  • Intercompany agreements 
  • Entries into the commercial register

I advise several companies, including stock corporations, in all notarial matters.

For complex mandates, I regularly cooperate with experienced tax advisors and experts and, if necessary, also arrange appropriate contacts

Foreign languages:

  • English

Publications:

  • Unterschiede und Gemeinsamkeiten des deutschen und europäischen Fusionskontrollrechts – ein problemorientierter Vergleich –; Peter Lang Verlag, Frankfurt 1995
  • Die allgemeine Härteregelung des § 91 Abs. 2 Satz 2 BSHG in der aktuellen Rechtsprechung, FamRZ 2004, S. 1936 ff.
  • Tod der armen Partei vor Prozesskostenhilfebewilligung im Scheidungsverfahren, FamRZ 2011, S. 345 f.
  • Zusammen mit Herrn Dipl. Jur. und Rechtsreferendar Sebastian Knell: Unterhaltsanspruch nach § 1615 l BGB, Anmerkung zum Beschluss des OLG Köln vom 21.02.2017, 25 UF 149/16, Forum Familienrecht 2017, S. 374 ff.

Vice President of the Frankfurt/Main Bar Association (www.rechtsanwaltskammer-ffm.de)
Member of the working group for labor law of the German Lawyers Association (www.ag-arbeitsrecht.de)
Member of the committee for the renumeration of lawyers of the Federal Chamber of Lawyers (www.brak.de)

Vita:

  • Year of birth: 1956 
  • Studies: 1977-1982 in Bonn 
  • First bar exam: 1982 
  • Legal clerkship: 1983-1986 in Hamburg and traineeship at the law firm Pritchard Englefield&Tobin, London 
  • Second bar exam: 1986 
  • Doctorate: 1986 with a dissertation on the topic „The One-Man Formation of a Limited Liability Company“. 
  • Admission to the bar: 1987 
  • Specialist lawyer for labour law since 1994 
  • Appointment as notary: 2000 
  • Specialist lawyer for commercial and corporate law since 2006

Main focus:

Since joining the firm, I have been exclusively active in the extended area of civil law. The main focus of my activities is now primarily on labour and company law. In addition, I provide support in other matters of civil law (in particular sales and contract law, general contract law, legal fees law).

In labour law I represent clients in all corresponding areas and advise and represent both employers and employees.

In individual employment law, I assist in all arising issues, which may include the following:

  • Before starting an employment relationship, I provide precautionary advice on the drafting of employment contracts.
  • In the event of conflicts in current employment relationships (e.g. financial disputes, warnings, threats of termination), I advise on existing legal risks and suitable options for reaction, in the case of employees in particular with the aim of continuing employment relationships.
  • Before and after the pronouncement of terminations, I advise and discuss appropriate options for action and reaction, as far as possible aiming at reasonable and amicable settlements.
  • If necessary, I represent my clients before labour courts or right up to the Federal Labour Court. This applies in particular to representation in dismissal protection proceedings, with due regard to reasonable settlement options as well.
  • I also advise and represent managing directors and other company representatives or corporate bodies on very similar issues, especially with regard to the specifics to be observed in comparison to employment relationships. In this respect my special knowledge of company law is of great advantage.

I am also active in the field of collective labour law.

  • I advise employers and works councils on their rights and obligations in the course of operational cooperation, in particular on participation and co-determination rights of the works council. 
  • I represent business partners in negotiations on company agreements/social plans.

Another major focus of my legal practice is on corporate law.

  • In this area, I advise clients on the formation and termination of partnerships (civil law associations, limited and general partnerships) as well as corporations (above all limited liability companies and stock corporations). I propose articles of association tailored to the individual case or advise on the amendment of unsuitable agreements.
  • I frequently advise on issues relating to the amendment of existing articles of association, in particular by adapting them to current legal developments.
  • I advise and represent shareholders as well as companies in disputes among shareholders.
  • I frequently answer queries from managing directors and board members about their rights and obligations in their capacity as executive bodies of the company they represent, but also about their rights and obligations under their employment contracts.

In addition to these main areas of employment and corporate law, I represent clients in general civil and contract law. Due to my activities on the board of the Frankfurt/Main Bar Association (http://www.rechtsanwaltskammer-ffm.de) (in particular as chairman of the fee department B of the Frankfurt/Main Bar Association), but also due to my membership in the Committee on Lawyers‚ Remunerationof the Federal Bar Association, I have special knowledge of Lawyers‚ Remuneration Law. I also represent and advise clients on corresponding issues and represent them in disputes and lawsuits regarding lawyers‘ fee claims. As part of my work in the Fees Department B of the Bar Association, I regularly prepare expert opinions on the appropriateness of lawyer’s bills.

In the field of inheritance law I represent clients both as a notary and as a lawyer. I advise on all issues arising in connection with inheritance law and represent clients in corresponding disputes.

As notary I assist in the entire range of notarial activities, focusing on the following areas:

Corporate law

In accordance with my activities as a lawyer in corporate law, I also provide notarial services in this area. This concerns in particular

  • Company formations (drafting, arrangement and, if necessary, notarization of the articles of association, registration of companies in commercial registers). 
  • Amendments to articles of association in all respects, including increases and decreases of capital.
  • Conversions (in particular mergers, divisions and spin-offs, but also all other processes under transformation law.)
  • Advice and notarial assistance in the sale of companies 
  • Notarization of general meetings 
  • Drafting, notarization and registration of company agreements 
  • Entries of all kinds in commercial registers 

I regularly advise a number of companies of different sizes, including stock corporations, on all legal and notarial matters.

When it comes to tax or other legal issues outside my legal or notarial fields of activity, I also cooperate with other colleagues from our office or experienced tax consultants. If required, I will also arrange appropriate expert advice.

Foreign languages:

  • English

Publications:

  • Die Einmanngründung der GmbH, Bonn 1986

Trusted lawyer of the Central Association of German Trade Associations for Trade Brokerage and Sales (CDH – www.cdh.de)
Member of the German Administrative Court Forum Association (www.verwaltungsgerichtstag.de)
Member of the working group for administrative law in Hesse (www.anwaltverein.de/ueber-uns/arbeitsgemeinschaften/verwaltungsrecht.de)
Member of the working group for mediation of the German Lawyers Association (www.mediation-anwaltverein.de)

Vita:
Dr. Klaus Berghäuser, born 1952 in Wetzlar, studied law and political sciences at the Justus Liebig University of Gießen from 1971 to 1976. After his first bar exam, which he passed with distinction in 1976, he also did his doctorate at the Justus Liebig University, with a dissertation on „Freedom of association as a fundamental democratic right“. During his studies, he was holder of a doctoral scholarship of the Friedrich-Ebert Foundation.

Klaus Berghäuser completed his legal clerkship from 1979 to 1982 at the Regional Court of Gießen with a focus on administrative law and passed the second bar exam with distinction in 1982. Klaus Berghäuser has been admitted to the bar since 1982 and in 1986 the firm incorporated him as a partner. He has been a specialist lawyer for administrative law since 1988 and he was appointed notary in 1996. He completed his training as a mediator in 2004.

Main focus:

The focus of my professional activities is on public law, which has already been a priority during my studies and legal clerkship. My involvement as a specialist lawyer primarily includes public building law, technical planning law, environmental law, community law and commercial administrative law. This includes both the competent handling of factual and legal issues and the search for practicable solutions in out-of-court proceedings, as well as the professional conduct of lawsuits.

An important focus of my activities in recent years has been the legal review of planning permissions for the expansion of Frankfurt/Main and Kassel-Calden airports. In both cases, I represented adjoining municipalities.

Legal cases in the area of large-scale retail, municipal commercial law, urban development contracts, water law, municipal constitutional law and press law also characterise my department. Clients often entrust me with the preparation of acedemic opinions on central administrative law issues.

I have been representing many cities and municipalities as well as municipal corporations for a long time. I have consultancy agreements with a large number of companies as well as municipalities which do not have their own legal department. I continually support a major discount food retailer in construction planning issues, as well as in notarial matters.

Numerous client relationships have existed for many years. They are all based on strong personal trust as well as great esteem and mutual respect. These are some of the reasons why I enjoy working as a lawyer so much.

My clients strive for constructive solutions. They value competence, knowledge, experience, expertise, creativity and humour. That is why they make use of my services.

If a cooperative approach of conflict handling is preferable as an alternative to a contentious dispute, I offer the implementation of mediation procedures as well as the moderation of citizens‘ meetings and planning processes.

In the list of lawyers of FOCUS magazine I received the most recommendations in the field of public building law in Hesse.

Since 2003, the JUVE handbook „Corporate Law Firms“ has honoured my legal commitment in the categories „Leading Names in Hesse“ and „Frequently Recommended Lawyer“. The client review in the JUVE handbook of 2017/2018 reads as follows: „Specific expertise in energy and building law; clear and implementable recommendations“.

My legal activities in public law complement a selective department in civil law and corporate law and a number of scientific publications.

Areas of law:

Publications:

  • Berghäuser, Koalitionsfreiheit als demokratisches Grundrecht, Köln 1980 
  • Berghäuser/Berg, Wohnungsnahe Verbraucherversorgung oder großflächiger Einzelhandel – Ein Plädoyer für eine dynamische Betrachtungsweise, Baurecht 2002, p. 31 et seqq. 
  • Berghäuser/Berg, Öffentlich-rechtliche Nachbarverzichtserklärung und Baulast im Widerstreit zum zivilrechtlichen Vormerkungsschutz, DÖV 2002, p. 512 et seqq. 
  • Berghäuser, Eine Frage der Wahrheit? Zur Oberbürgermeisterdirektwahl in Bad Homburg, NVwZ 2003, p. 1085 et seqq. 
  • Berghäuser, Die Rechtsprechung des Hessischen Verwaltungsgerichtshofs zum Bürgerbegehren und Bürgerentscheid, Hessische Städte- und Gemeindezeitung 2004, p. 243 et seqq.
  • Berghäuser, Lösungen gemeinsam erarbeiten, Mediation, IHK-Report Südhessen, 12/2006, p. 12 et seqq.
  • Berghäuser/Born, 15 Jahre Bürgerbegehren und Bürgerentscheid in Hessen: Bestandsaufnahme und Perspektiven, Hessische Städte- und Gemeinde-Zeitung 2008, p. 246 et seqq.
  • Berghäuser/Berghäuser, E-Partizipation und frühzeitige Öffentlichkeitsbeteiligung in der Bauleitplanung, NVwZ 2009, p. 706 et seqq.
  • Berghäuser, Die Aufnahme und Entlassung von Mitgliedern bei wasserrechtlichen Altverbänden, ZfW 2010, p. 96 et seqq.
  • Berghäuser, Thema Mediation: Im Sessel des anderen, IHK-Report Südhessen 10/2010, p. 14 
  • Berghäuser/Gelbe, Drittschutz der verschärften Subsidiaritätsklausel in den Gemeindeordnungen der deutschen Flächenstaaten – eine vergleichende Betrachtung, KommJur 2012, p. 47 et seqq.
  • Berghäuser, Restriktionen der kommunalen Bebauungsplanung, Hessische Städte- und Gemeindezeitung 2015, p. 374 et seqq.