Dr. Philip Peitsmeyer
Attorney at law, Partner
Dr. Philip Peitsmeyer heads GLNS's Dispute Resolution practice and has many years of experience and extensive expertise in commercial law disputes. His main areas of practice are corporate law conflicts, such as disputes over the validity of shareholder or general meeting resolutions, cases of directors' and officers' liability, joint venture disputes and post-M&A disputes. In insolvency cases in particular, he takes action against auditors and tax advisors for breaches of professional duty.
In addition, Dr. Peitsmeyer is active in inheritance law and general contract law disputes and has particular experience in conducting and coordinating international commercial law disputes. He acts before state courts and in arbitration proceedings and is also appointed as an arbitrator. In addition to his work in the area of dispute resolution, he also advises clients on corporate law matters, particularly in situations prone to dispute.
CV
Training as a bank clerk at Commerzbank AG
Studied as a scholarship holder of the German National Academic Foundation in Freiburg i.Br. and Geneva
Diplôme Internationale de Droit Comparé from the Faculté Internationale de Droit Comparé, Strasbourg
Research assistant at the Max Planck Institute for Comparative and International Private Law, Hamburg
Doctorate (Dr. iur.) at the University of Hamburg
Worked as a lawyer at Raupach & Wollert-Elmendorff (Deloitte Legal) and Noerr
Selected References
Advising and representing a member of the executive board in defending against claims for directors' and officers' liability
Advising and representing the purchaser of an international automotive supplier in asserting claims for breach of warranty and fraudulent misrepresentation against the seller
Advising and representing the insolvency administrator of a large energy supply company in the judicial enforcement of claims for damages against an auditing firm for breach of duty in connection with annual audits
Advising and representing a medium-sized chemical company in enforcing claims against its tax advisor for incorrect tax advice in connection with the tax treatment of dividend distributions
Advising and representing a foreign, internationally active cosmetics company in a joint venture dispute (various court proceedings and arbitration proceedings concerning the amount of compensation payable to the former joint venture partner)
Advising and representing the shareholder of a family-owned company in inheritance and corporate law disputes
Advising and representing an Asian company in disputes in Germany and Hong Kong in connection with the delivery of respiratory masks
Advising and representing a company in the field of automation technology in disputes concerning the construction of production facilities
Acting as arbitrator in DIS arbitration proceedings concerning corporate law disputes
Advising a municipal company on corporate law in negotiations with a private investor regarding cooperation in a geothermal energy project
Publications
Monographs
The inheritance of shares in partnerships and corporations in Germany, France, and England—a comparative legal study to identify common principles of corporate law, Frankfurt et al., 2004
Articles
Arbitration proceedings in disputes over defective resolutions in partnerships, SchiedsVZ 2018, 7 ff. (together with Dr. Philipp Göz)
Consequences under company and liability law of the incorrect tax treatment of distributions in corporations, BB 2011, 2121 ff. (together with Dr. Sabine Klett)
Arbitrability of actions for defective resolutions in limited liability companies, Der Betrieb (DB) 2009, 1915 ff. (together with Dr. Philipp Göz)
Cross-border mergers, law firms in Germany, 8th edition 2007, 776 ff. (together with Dr. Matthias Mielke)
Decision discussions
Requirements for the distribution of tasks between managing directors of a limited liability company (GmbH) – also a discussion of the Federal Court of Justice (BGH) ruling of November 6, 2018 – II ZR 11/17, NZG 2019, 501 ff. (together with Julia Klesse)
Munich Higher Regional Court, decision of January 28, 2015, 31 Wx 292/14 (No continuation of award proceedings after change in case law on delisting; "MWG Biotech AG"), EWiR 2015, 507 (together with Dr. Tobias Nikoleyczik)
Munich Higher Regional Court, decision of December 14, 2011, 7 AktG 3/11 (Contestability of approval of the control agreement due to the granting of special advantages in a closely related business combination agreement, EWiR 2012, 333 (together with Dr. Ingo Theusinger)
Federal Court of Justice, decision of August 10, 2010, VI ZR 47/09 (Liability of shareholder for abusive action for annulment against capital increase resolution – Nanoinvests), EWiR 2010, 805 f. (together with Dr. Ingo Theusinger)
Federal Court of Justice, judgment of February 1, 2010, II ZR 173/08 (No hidden contribution in kind through consulting services for stock corporations – Eurobike), BB 2010 658 et seq. (together with Dr. Ingo Theusinger)
LG Essen, judgment of June 9, 2010, 42 O 100/09 (Nullity of redemption resolutions in the event of a violation of the convergence requirement of Section 5 (3) sentence 2 GmbHG), BB 2010, 2399
Other publications
When short sellers launch campaigns – Activist shareholders also more active in Germany – Spreading negative news does not yet constitute market manipulation, Börsen-Zeitung dated July 9, 2016, p. 9 (together with Dr. Tobias Nikoleyczik)
Corporate Litigation – Corporate Law Disputes with International Involvement, in: azur Special Issue 2007
Languages
German, English
Contact
P+49 89 89 05 89 266 M+49 176 2436 9097 F+49 89 89 05 89 299