Dr. Albert Birkner, LL.M.

Managing Partner Albert Birkner is Head of Department of Takeovers & Antitrust. Albert became partner at CERHA HEMPEL in 2004 and has been with the firm since 1995. He completed his education at the University of Vienna (Mag. iur. 1992, Dr. iur. 1995) and at the University of Cambridge (LLM 1995). Albert specializes in mergers and acquisitions, public takeovers, corporate reorganizations and restructurings, as well as joint ventures with a special focus on Austria and Central and Eastern Europe (CEE/SEE). He has developed particular expertise in the fields of structuring and implementation of corporate transactions, takeover mechanics and the modelling of co-ownership structures.

Albert has been and is a lead partner on many prominent matters for several years already and holds an extremely vast track record. He is an author and regular contributor of a number of publications. He is frequently named as a leading individual within other guides, journals, publications, etc. and often referred to as an expert within his field.

Admission Functions

– Attorney at Law, Austria (2000)
– Attorney at Law, Czech Republic (2000)

Practice Areas

– MAVOCO AG (Supervisory board)
– Amisola Immobilien AG (Supervisory board)
– Estrella Immobilieninvest AG (Supervisory board)
– Novoreal Immobilieninvest AG (Supervisory board) – red stars.com data AG (Supervisory board)
– Worthington Cylinders (Supervisory board)

  • – Mergers & Acquisitions
  • – Corporate
  • – Private Clients & Trust
  • – Private Equity & Venture Capital Memberships

– Insolvency & Restructuring

Education

  • – University of Vienna
    (Mag. iur. 1992, Dr. iur. 1995)
  • – University of Cambridge (LL.M. 1995)

– Vienna Bar Association
– Czech Bar Association
– International Bar Association
– Wiener Advokatengesellschaft UNION

Languages

– German – English

Firm Description

Our focus is on supporting our clients in their corporate decision-making process. This means we do not content ourselves with standard solutions, instead we strive to develop and provide the best possible solutions for every challenge, tailored to each client’s needs.

On the one hand, this demands extensive specialist knowledge, motivation and commitment, and on the other, an excellent understanding of our clients’ businesses. Through our organisational structure, which allies our core teams with particular specialists, we are able to manage clients and transactions efficiently and effectively.

At CERHA HEMPEL, we are proud to be able to look back on a very successful history. Over the past 25 years, CERHA HEMPEL has been involved in a large number of the most significant transactions in Austria. This is what really distinguishes us as one of the leading law firms in the fields of mergers and acquisitions, IPOs, takeovers, privatisations, financing, and real estate and construction. We also enjoy an enviable reputation for our handling of large-scale commercial litigation and arbitration. The fact that we understand our clients’ businesses has helped us achieve a high rate of success. It is no coincidence that we are the first port of call for a number of long-term clients whom we advise comprehensively on all of their day-to-day legal matters. We apply our litigation experience when drafting agreements and are often able to prevent disputes with our clients’ counterparties before they arise. This expertise – combined with our years of experience in Central and Eastern Europe and our Lex Mundi network – ensures that our clients receive high-quality and sound advice, across disciplines and across borders.

 

Bernt Elsner

Bernt Elsner is partner and global head of the CMS Public Procurement Group. He is a leading expert in the fields of public procurement, antitrust and public law. He studied law at the University of Vienna and business administration at the Vienna University of Economics and Business Administration. In 1993-94 he worked as a research assistant at the Austrian Constitutional Court for the constitutional judges Prof. Dr. Karl Spielbuchler and Prof. Dr. Karl Korinek. In 1997 he practised European competition law at Cleary Gottlieb Steen & Hamilton in Brussels.

From 2004 to 2010 he was Managing Partner of CMS Reich-Rohrwig Hainz. He has more than 23 years of professional experience in Vienna and Brussels.Bernt Elsner is one of the leading Austrian experts in the dynamic and constantly changing field of public procurement law. His numerous publications and lectures have had a significant impact on Austrian public procurement law.He advises public entities on the structuring of complex tenders, advises bidders on their participation in award procedures, especially public-private partnerships (PPP projects), and frequently represents them in public procurement disputes. He has extensive experience in tender-relevant compliance issues.Bernt Elsner defines his goals as head of the global CMS Public Procurement Practice Group as follows: ”I would like to position CMS as the first point of contact for companies seeking comprehensive top-level advice in tenders across several European jurisdictions.”

“The aim of public procurement law is to ensure fair rules of the game for all competitors, enabling public authorities to identify the tender offering the best value for money. The best solution is the right combination of total ownership cost, environmental impact and a sustainable outcome in the interest of future generations.”IndustriesBernt Elsner has extensive industry experience in construction and infrastructure, healthcare, finance, energy and waste management.

Lecturing

Bernt Elsner is an active lecturer in the field of public procurement law at the University of Vienna and at numerous public procurement conferences and seminars. He was head of the MANZ Annual Conference on Public Procurement Law 2019.

Publications and articles

Bernt Elsner is the author of six specialist books on public procurement law as well as numerous book contributions and essays. He also co-edits the leading Austrian journal on public procurement law Zeitschrift fur Vergaberecht und Bauvertragsrecht (Journal for Public Procurement Law and Construction Contract Law).”Public procurement law is exciting because it lies in the field of tension between European Union law and national law, public and private law, federal and regional law as well as between law, technical planning and operational calculation. The complexity of large tendering procedures requires a respectful exchange between different professional disciplines, which requires many years of experience in the sector.”

Ranking

Chambers & Partners place Bernt Elsner unanimously in Band 1, describing him as a “brilliant public procurement lawyer”(2014), Legal500 note he is “very fast, precise and pragmatic” (2016). Who’sWhoLegal describes him as a “sensational lawyer” who combines “deep expertise with business competence”(2015). IFLR has named him “Market Leader” (2019) in the field of energy and infrastructure, Best Lawyers named him “Lawyer of the Year in European Law” (2019).

Roles

Bernt Elsner is global head of the CMS Public Procurement Practice Group. In this role, he leads an international team of more than 150 public procurement experts working at 50 locations in 40 countries. He also leads the Austrian teams for public procurement, EU competition and public law.

Firm Description

Are you a company operating in Austria or looking to do business abroad and are faced with a complex legal issue that cuts across national borders? CMS has 75 lawyers based in Vienna who are specialised in finding solutions for exactly these kinds of legal challenges.

Whatever your situation, we can help. Whether you need support with takeovers, disposals or cross-border restructurings, our experienced Corporate and M&A experts offer you not only legal advice but also support in transaction management. In the areas of financing and capital market emissions, we guide you in all legal and tax matters, both nationally and internationally. If you are involved in an arbitral conflict, our Dispute Resolution team develops the right tactics and strategy to help you navigate the process. With us, your real estate and construction project is in good hands during all phases thanks to our deep sector knowledge and technical expertise. As Austria’s leading labour law team, specialised in employment issues that matter most to your business, we can guide you through legal intricacies. Additionally, we provide advice in compliance and industrial property rights as well as tax, competition, public procurement and IT law.

Business does not stop at borders – and it should not be hindered by local legal particularities and cultural differences. Through the unique local presence of CMS in all key West European markets as well as in the CEE/SEE regions, you have us as an experienced partner to help with your particularly difficult legal and strategic challenges in cross-border activities. For more than 45 years, we have successfully been working on the advancement of legal frameworks for our clients. We view our expertise not as an end in itself, but as a tool to find solutions to your legal problems and help ensure the continuity and continued success of your business.

 

Christian Marth

Christian Marth is a founding partner at Vavrovsky Heine Marth Rechtsanwälte in Vienna. He is among the premier real estate lawyers in Austria, best known for his involvement in complex national and cross-border real estate transactions regarding all asset classes (commercial, office and residential properties) as well as hotels, micro-living projects such as student accommodation and retirement homes.

Leading national and international players, among which are several high caliber (open) real estate funds as well as public sector clients, trust his expertise.

In addition to real estate transactions, Christian also focuses on real estate project development and matters relating to tenancy and real estate brokerage law.

Firm Description

Your goal is our goal. We go the extra mile to achieve it.

We thrive on making bold decisions and finding exceptional solutions for exceptional situations. That is our passion. As advisors, sparring partners and confidants we support you in conflict prevention and disputes, help you navigate the complexities of real estate law and look after your interests in all matters of general business law.  We always go the extra mile. Because your goal is our goal.

And that is a promise.

 

Jasna Zwitter-Tehovnik

Jasna Zwitter-Tehovnik is a Finance & Projects and M&A practitioner, qualified in Austria, England and Wales, New York and Slovenia.

Her practice covers the entire financial services and infrastructure sector as well as a broad range of additional industrial sectors.

She advises commercial and investment banks, Fin-Techs, mezzanine financiers and private equity providers, and corporates on a wide range of financing and M&A transactions as well as debt restructurings. The second area of Jasna’s practice are infrastructure and energy projects, including private partnership transactions, and privatisations, often with a cross-border context.

Jasna Zwitter-Tehovnik is also ISDA counsel for Austria and advises as third pillar in her practice on a broad range of regulatory aspects.

Jasna’s experience includes:

  • Advice to Governments/advisory arms of international institutions on various infrastructure projects in Europe, Asia and Latin America in the airport, road, and energy sector, including recent advice on the concession/PPP model relating to the Sofia Airport and the Beirut Airport
  • Advice to a number of Sponsors on PPP transactions
  • Advice as lenders counsel on a variety of project financings in various sectors (roads, energy, optical fibre)
  • Advice as lenders and borrower’s counsel on real estate, acquisition and structured finance transactions and debt restructurings
  • Advice on a number of cross-border M&A transactions, with a focus on CEE and SEE, in various sectors – banks, hospitality, energy, construction, industrial
  • Advice on a number of cross-border arbitration and investigation mandates relating to infrastructure projects
  • Advice on a wide range of regulatory aspects, specifically in the financial services sector

Professional Qualifications

  • Rechtsanwältin registered with Rechtsanwaltskammer Wien
  • Attorney-at-law admitted with the Supreme Court of New York
  • Tuja odvetnica registered with the Odvetniška zbornica Slovenije
  • Solicitor of the Senior Courts of England and Wales

Prior Experience

Before cooperation with DLA Piper Weiss-Tessbach, Jasna worked at another reputable law firm in Vienna.

Recognitions

“Sources say: “I can rely on the fact that in very complex contracts there is nothing missing.” She is particularly active on deals involving CEE jurisdictions.”(Chambers 2018); Interviewees say that she is “precise and reliable.” (Chambers 2019)

Education

  • New York University School of Law, New York, LL.M. in Corporate Law, 1999
  • University of Salzburg, Dr.iur., 1997
  • Université de Rennes 1, Rennes, France (Research for thesis and followed courses for the Diplôme d’études approfondies (DEA) in business law), 1996
  • University of Salzburg, Mag.iur., 1996
  • Lycée N-D de Kerbertrand, Quimperlé, France, Baccalauréat with concentration on sciences (with distinction), 1993

Additional publications

  • Material Adverse Change – article published in “LexisNexis in ZFR 2017/2”, 27 January 2017
  • Der Notleidende Kredit (“The distressed loan”)
  • Asset allocation and state succession in the Former Yugoslavia (together with Thomas Podlesak, published in eastlex 2005, 68)

Dr. Christian Aschauer

Christian Aschauer acts primarily as arbitrator in international arbitration proceedings, in particular under the rules of the ICC, VIAC, Camera Arbitrale, DIS, Swiss Rules and ad hoc. Christian Aschauer also handles enforcement proceedings before state courts as well as proceedings to set aside arbitral awards.

Christian Aschauer has a distinguished academic background as a former research fellow and doctor of law. He is now (part time) professor at the University of Graz (Austria) in the field of Austrian arbitration law and international arbitration. He frequently speaks at seminars and conferences.

Christian Aschauer speaks German, English, Italian and French and has conducted arbitrations in all of these languages.

As arbitrator, Christian Aschauer’s practice areas and expertise range from the energy sector to the construction and plant engineering industries, international commercial law, M&A disputes, financial transactions, distribution agreements, joint ventures and telecommunications.

Ewald Oberhammer

Ewald Oberhammer is admitted to the Austrian Bar Associations and specialises in corporate immigration matters.  Ewald Oberhammer and his team have been dealing with corporate immigration matters since 1999, and assist international and local Austrian companies in obtaining work permits, residence permits and working visas.  In addition, Ewald Oberhammer and his team assist clients in monitoring and maintaining their compliance with immigration laws and regulations. In the course of the compliance assistance, Ewald Oberhammer is leading the firm’s immigration litigation team which focuses on the defense of corporations and their directors against incompliance allegations raised by the Austrian authorities.

Languages:

·    German,

·    English,

·    Italian

Oberhammer Rechtsanwälte GmbH:

Oberhammer Rechtsanwälte GmbH is specialised in all legal matters related to the processes through which international companies second employees to Austria and Austrian companies employ foreign experts. This encompasses advising clients in labour law issues, answering questions regarding immigration law, drafting project agreements and applying for visas.  Our clients trust in our expertise in the area of corporate migration.

As a supplement to our legal corporate migration advice, we also offer ancillary services such as personal accompaniment to appointments with the relevant authorities, and supporting clients with choosing kindergarten or school places or applying for subsidies and co-insurances.  Our clients thus have the advantage of being serviced by a legal one-stop shop.

 

Anton Becker

In 2009, I established my own law firm specialising in commercial law. Increasingly I found clients approaching me with questions relating also to their private lives. Commercial and private matters often intertwine, it seems. As a consequence, I successfully tackled divorce and alimony cases and developed my knowledge and skills in these areas of law, too.

Now clients can additionally rely on my expertise in such matters. Clients have come to appreciate and, indeed, expect an all-round service that includes an admixture of fine negotiation skills, a diplomatic touch and dogged perseverance. They get what they expect.

I go beyond the call of duty. Providing legal advice is where it starts. However, it is not enough to achieve a satisfactory legal result. A keen eye has at all times to be kept on its practicality and cost. It is essential that one should not lose sight of the bigger picture, particularly when the wood gets lost in a forest of complex legal detail.

Moreover, thanks to my extensive work for some of the most renowned Austrian and international legal firms, I have become accustomed to working to the highest possible standards: nothing less is acceptable. This experience in a small practice translates into personalised, tailor-made and hands-on service that achieves results.

Professional and Academic Qualifications / Membership


– Member, Inter-Pacific Bar Association, 2007
– Attorney at Law, Vienna Chamber of Attorneys, 2006
– LL.M. (Chinese Law), National University of Singapore, 2005
– Magister iuris, University of Vienna, 1998

Professional Career


– Founded BECKER LAW in 2009.
– Held the following positions between 2000 and 2009
– Partner, bpv Huegel Rechtsanwaelte, Vienna
– Partner, Lansky, Ganzger & Partner Rechtsanwaelte, Vienna
– Head of Asian Desk & Partner, Binder Groesswang Rechtsanwaelte, Vienna
– Visiting Attorney, King & Wood, PRC Lawyers, Shanghai
– Associate, CMS Reich-Rohrwig Hainz Rechtsanwaelte, Vienna
– Research Associate, China Maritime Arbitration Commission (CMAC), Shanghai
– Part Time Associate, EY Law Luther Menold, Singapore

Becker Law: 


Clients rely on my expertise in divorce and alimony cases. They have come to appreciate and, indeed, expect an all-round service that includes an admixture of fine negotiation skills, a diplomatic touch and dogged perseverance. They get what they expect.

 

Árpád Geréd

Árpád Geréd is an international IT-lawyer and founding partner of Viennese business law firm Maybach Görg Lenneis Geréd Rechtsanwälte GmbH.

Over the last 10 years, Árpád has specialized in consultation in and negotiating of technology-related deals, with a strong focus on Cloud Computing and Cyber Security. His second are of focus is the support of businesses from Eastern Europe, especially from Romania and Hungary.

Since 2001, Árpád acted as a speaker on IT- and technology-related topics, such as Cyber Crime, Smart Metering and Cloud Computing in Austria and abroad, also publishing corresponding articles. Among others he is also an author and master editor for the legal part of the 3rd edition of the multinational and interdisciplinary book “Cloud Migration”, to which he has already contributed in the 1st and 2nd edition.

In 2014, Árpád has been elected Vice-President Technology of the Commission for Intellectual Property, Technology, Media and Telecommunications (IP/TMT) of the AIJA, the most important international association devoted to lawyers and inhouse counsel aged 45 and under.

His more recent accolades include “Lawyer of the Year 2014 – Cyber Security”, “Information Technology Lawyer of the Year” and “IT Law Firm of the Year in Austria – 2015”.

The IT Law Practice:

‘Information technology’ is the sign of our times and the lifeblood of today’s information society. It is everywhere, all the time – we cannot even begin to think of living without it. But behind the term lies a complex web of different technologies that is constantly in a state of flux, creating problems of a particularly multi-faceted nature.

New technologies and concepts such as cloud computing, bring-your-own-device or smart grids need to be used efficiently, but above all legally. For that however specialists are required who, in addition to having outstanding legal knowledge, also have a profound understanding of the relevant technologies. Only then do you have the guarantee that long-lasting solutions can be found for your company in a steadily changing environment.

Maybach Görg Lenneis & Partner:

We are a modern full-service law firm for all matters of commercial and corporate law. Our clientele includes both Austrian companies in various branches and renowned international corporations. With professional know-how, many years of experience, maximum flexibility and more than just a shot of creativity, our lawyers apply themselves to your matters. We do not hole up behind paragraphs, but rather set great store by tangible consultation and personal support.

 

Martin Klemm

Dr. Martin Klemm, LL.M. worked for several recognised corporate law firms before founding Brenner & Klemm Attorneys in 2012.

Besides a general specialisation in corporate law, including company law, projects & finance, data protection and real estate law, he has a strong focus on all aspects of aviation law and aviation finance. This includes specific issues of aviation law, damages or liability claims pursuant to the Montreal Convention, financing/leasing of aircraft as well as regulatory issues and passenger rights.

Martin Klemm is founder of LawAir, an online news portal regarding aviation law specific issues and member of the Austrian Aviation Association.

Specialties: Copyright law, IP, IT law, Media law, Aviation law, Real Estate law, Projects & Finance, Data Protection law

 

Maximilian A. Jacob

Expertise

University of Vienna (Mag. iur. 2007, Dr. iur. 2012)

Associate, Vienna (2009-2013)

Attorney-at-law, Vienna (since 2013)

Practice Areas

Mergers & Acquisitions and Corporate Law,

Banking and Capital Markets Law,

Corporate Finance Law

Languages

German, English

Various

Publications on Corporate and Capital Markets Law

Associate in major, global law firms

Austrian bar exam (2012)

Firm Overview:

WEBER & CO. is one of the leading Austrian law firms. Its lawyers are highly specialised and committed to the highest standards of legal service and proficiency. On the basis of its long-standing tradition, WEBER & CO. offers legal services in all areas relevant to businesses, with a focus on corporate, finance and mergers and acquisitions. The firm’s approach is creative and pragmatic, helping its clients to assess and effectively manage legal risks and to find practical solutions in the relevant legal, business and, when necessary, political environments.

WEBER & CO. has extensive experience in the legal management of projects in Austria and in foreign jurisdiction. Partners of the firm have authored numerous articles and books on domestic and international business law and they teach in leading European law schools. They are regularly consulted by the Austrian legislature on legislative matters.