Liability & Insurance
Our advice covers all areas of tort law. We have a particular focus on the areas of manager liability, auditor liability, investor liability and advisor liability. In doing so, we distinguish ourselves by combining many years of experience in tort and litigation law with insurance law. This enables us to implement the interests of our clients in the best possible economic way. For us, the solution is always in the foreground. Particularly in liability law, tact, experience and know-how are often decisive, and our clients particularly appreciate us for this.
Manager liability and D&O insurance law
Assertion and defense of claims for damages against board members, managing directors or supervisory board members. In doing so, we take into account both corporate law and insurance law aspects, particularly in connection with D&O insurance policies. Particularly in terms of company, labor and insurance law, there are many special features to be taken into account which are important in the event of liability. We regularly represent both companies as plaintiffs, directors and officers as defendants, and insurers as “monitoring counsel” or in coverage litigation.
In recent years we have, among other things
- Numerous manager liability proceedings conducted.
- Represented several foundation directors in liability cases.
- In the area of D&O insurance, settlements in the millions.
- Acted as monitoring counsel for international insurers in major D&O claims.
- Provided opinions on coverage issues in D&O insurance.
- Insurance programs for companies reviewed.
Audit and bank auditor liability / professional liability insurance
We are one of the leading law firms in Austria in the field of auditor liability. Our lawyers are the authors of the commentary on the relevant liability principles. Due to the intermingling with accounting law, this is a particularly complex area of law in which hardly any comparable know-how exists. We have already conducted numerous proceedings for and against auditors, bank auditors and prospectus auditors and are also extensively familiar with the professional law particularities of these cases.
In recent years we have, among other things
- Represented renowned business and tax consulting firms in liability litigation
- Participated in several expert groups of the Chamber of Tax Advisors and Certified Public Accountants as an expert, e.g. on the topic of “independence regulations
- Issued numerous opinions on auditor liability and professional law, e.g. for insurers, insolvency administrators and professionals.
Audit and bank auditor liability / professional liability insurance
We are one of the leading law firms in Austria in the field of auditor liability. Our lawyers are the authors of the commentary on the relevant liability principles. Due to the intermingling with accounting law, this is a particularly complex area of law in which hardly any comparable know-how exists. We have already conducted numerous proceedings for and against auditors, bank auditors and prospectus auditors and are also extensively familiar with the professional law particularities of these cases.
In recent years we have, among other things
- Represented renowned business and tax consulting firms in liability litigation
- Participated in several expert groups of the Chamber of Tax Advisors and Certified Public Accountants as an expert, e.g. on the topic of “independence regulations
- Issued numerous opinions on auditor liability and professional law, e.g. for insurers, insolvency administrators and professionals.
Investor Law / Institutional Investors / Liability and POSI Insurance
We regularly represent financial market participants in defending investor claims and institutional investors in asserting claims. As one of the first law firms in Austria, we have successfully defended or settled hundreds of lawsuits for a credit institution. Our investor law team ranks among the 10 best in Austria.
In recent years we have, among other things
- Approximately 400 class actions against a credit institution with a total value in dispute of more than € 250 million successfully defended against
- Represented a major German bank as plaintiff in a lawsuit
- Represent a company against the prospectus liability insurer (POSI) in a coverage dispute.
Consultant and professional liability / professional liability and compulsory insurance
We advise and represent numerous clients primarily in attorney, tax advisor and notary liability cases. As authors of the standard work on advisor liability, our attorneys are among the leading advisors in this field. Colleagues and other members of the “liberal professions” regularly call on our expertise in this area. In addition, we provide expert opinions on coverage and liability issues, e.g. for insurers and insolvency administrators. We are also regularly consulted as experts in expert panels of the Chamber of Tax Advisors and Certified Public Accountants.
In recent years we have, among other things
- Advised and/or represented numerous attorneys and insolvency administrators as defendants in liability proceedings
- Issues of management consultant liability clarified for clients
- Advise notaries on liability issues
- Several coverage processes led
General liability law / public liability and other insurances
We also advise and represent our clients in other areas of liability law, such as public liability, business liability and product liability law.
In recent years we have, among other things
- Advised on premises liability and environmental damage insurance issues in a major environmental damage case and obtained a large settlement for our client
- Official liability proceedings against the Republic of Austria, for example in connection with the reimbursement of costs in criminal proceedings
- Representing real estate project developers in construction (liability) proceedings
- Representing brokers in liability cases