The Legal 500 Germany 2024
Insurance law (dispute resolution)
Friedrich Graf von Westphalen & Partners' liability and insurance law expertise ranges from product liability insurance, including recall cost insurance, manager liability and D&O to environmental liability as well as property and fire insurance. Tobias Lenz, who heads the practice together with Carsten Laschet, who is experienced in contract and product liability law as well as in corporate manager liability, is also dedicated to D&O insurance. The importance of insurance contract law expertise was underlined in January 2023 with the appointment of Jerome Nimmesgern as a salary partner. Claudia Maaßen, who is active in litigation and arbitration proceedings, is also part of the core team. Another core lawyer is Mike Weitzel.
"Very good experts, excellent network."
"Very high level of expertise and networking, high level of identification with our company and its products, objective and pragmatic manner."
"The team is very good at explaining legal issues to non-lawyers. They are also prepared to deal with technical issues from a non-specialist perspective and thus contribute significantly to a common understanding between lawyers and engineers."
"There is a high degree of reliability and commitment in the collaboration. Two colleagues provide us with excellent advice by thinking along with us, especially when developing new products. They support the development of our own expertise in product safety and thus contribute to the product development process in order to avoid errors later on."
"In addition to their insurance law expertise, the professionals are also strong all-rounders. This is always helpful in cases involving other areas of law."
JUVE Handbook of Commercial Law Firms - FGvW is Top-50 law firm
The JUVE Handbook of Commercial Law Firms in Germany 2023/2024 was again published at the end of October. As in previous years, Friedrich Graf von Westphalen & Partner has maintained its position among Germany's TOP-50 law firms.
Among other areas, we are highlighted for Insurance Law and Product Liability Law.
Particularly recommended for Insurance Law are Carsten Laschet ("competent, good cooperation"), Tobias Lenz ("pragmatic, solution-oriented") and Mike Weitzel.
Further have been recommended for Product Liability Law: Tobias Lenz ("solution-oriented and pleasant") and Carsten Laschet ("pragmatic and with an overview"; mainly product liability).
The Legal 500 Germany 2023
The insurance law team at Friedrich Graf von Westphalen & Partner has strengths in the areas of manager liability and D&O and is particularly convincing with its capacities at the interface between insurance and corporate law. In addition, the practice is characterized by a high degree of internationalization in the area of product liability; here, in addition to European business, the jurisdictions of Singapore, Australia, South Korea and the USA are covered. The practice is jointly led by Tobias Lenz and Carsten Laschet, who are both active in product liability law and the liability of managing directors and officers, among other areas. At the beginning of 2022, two additional team members were added to the partner roster: Mike Weitzel and Claudia Maaßen represent clients in litigation and arbitration proceedings, inter alia concerning manager and product liability.
JUVE Handbook of Commercial Law Firms 2022/2023 - FGvW is TOP-50 law firm
The JUVE Handbook of Commercial Law Firms in Germany 2022/2023 was published again in October: Friedrich Graf von Westphalen & Partner has - as in previous years - maintained its position among the TOP-50 law firms in Germany.
We are also particularly highlighted in the areas of product liability and insurance law.
Often recommended for product liability are Tobias Lenz ("good negotiator and strategist", competitor)and Carsten Laschet ("well-connected practitioner", client; mainly product liability).
For the practice area of insurance law, again Carsten Laschet ("very good cooperation", client), Tobias Lenz ("great negotiating skills", competitor) and Mike Weitzel were highlighted.
The Legal 500 Germany 2022
FGvW is distinguished by its integrated dispute resolution practice, which allows it to combine corporate and insurance law expertise in a strong litigation practice. Under the leadership of Tobias Lenz and Carsten Laschet, the firm has particular expertise in the areas of manager liability and D&O. In the context of product liability, the team can serve not only Europe but also the jurisdictions of the USA, Singapore, Australia and South Korea. In addition, property damage and product recalls from various industries are handled. Laschet is also experienced in contract law and Lenz at the interface with corporate and commercial law.
JUVE Handbook of Business Law Firms 2021/2022
Insurance Law / Insurance Litigation
Comment: The insurance practice, led by experienced partners Lenz and Laschet, has long been a renowned address for D&O and manager liability cases. The team recently advised on a number of cases relating to the financial sector, such as advice to a financial director or a fund company on a D&O claim. Other important pillars remain international product liability cases and the handling of major claims. The practice enjoys a good reputation, especially in the construction sector. Here, the team is called upon more often than many other units, for instance to advise an insurer on a liability claim in civil engineering or to defend a construction company in a subrogation case. In addition to Lenz, an associate often stands out in these cases. The practice recently expanded its business in the field of wordwide industrial recalls. In terms of personnel, this development was reflected in the expansion of the associate level.
Strengths: Long-standing cooperation of the team, especially in D&O and product liability cases.
Often recommended: Carsten Laschet ("excellent negotiating skills", competitor), Tobias Lenz ("trusting cooperation", competitor), Mike Weitzel
Team: 2 Eq. Partners, 2 Counsel, 7 Associates
Practice areas: Disputes and litigation, in particular D&O insurance, manager liability, increasingly with insolvency reference. Also subrogation. Specialization in environmental liability. Also active in product liability (dispute resolution) for insurers and manufacturers.
Clients: Manager liability: Allianz regularly in D&O claims; CFO on D&O case in international investment; fund company on D&O claim and CFO fraud. Liability: Insurer on civil engineering liability claim; household appliance manufacturer on recall avoidance due to chemicals in the U.S. and Canada; AIG regularly on product liability and coverage law; insurer on defense of construction company in subrogation case; auto supplier on recall of locking systems; international company on certification of medical products in the U.S. and Canada. Company in certification of medical products in connection with Corona pandemic; kitchen furniture manufacturer and tire producer in recalls. Property insurance: building insurer in major loss claim following explosion in chemical plant; energy producer in connection with construction damage to coal-fired power plant; telecommunications provider in connection with fiber-optic damage; retail company in connection with hacker attack on suppliers.
Product Liability
Comment: This practice is one of the most renowned addresses for manager and product liability. The team around Lenz and Laschet, which is clearly positioned on the side of insurers, handles major claims and advises on product safety, including recalls - currently, for instance, in connection with the Corona pandemic on the side of medical device manufacturers. When it comes to D&O, FGvW is hardly absent from any major loss case. Among other things, the practice was involved in the largest German D&O case to date, the Diesel settlement between VW and former managers. The practice is also working alongside an insurer in the Wirecard complex.
Strengths: Experience with major claims; advice on D&O coverage and liability.
Often recommended: Tobias Lenz ("excellent negotiating skills", competitor), Carsten Laschet ("good handling of critical issues", client; mainly product liability).
Team: 2 Partners, 2 Counsels, 7 Associates
Focus: Recalls and settlement of major claims, also international. Regular advice to insurers. Also distribution law and project-related disputes. In Freiburg, in particular, stock corporation disputes.
Clients: QBE on €288m settlement between VW and ex-managers on Diesel scandal; AGCS regularly on D&O claims; AIG regularly on product liability and coverage law, among others in connection with the Cologne city archive; kitchen furniture manufacturer on recall and recourse proceedings; household appliance manufacturer on avoidance of recall due to chemicals; D&O insurer in connection with insolvency of a German kitchen manufacturer; British insurer on D&O major claims, among others Wirecard.
The Legal 500 Germany 2021
Product Liability
In product liability, we have close client relationships with manufacturers in the toy, medical device and electronics industries. The team also provides preventive advice on contract drafting and in contentious liability cases. The core attorneys are Carsten Laschet and Tobias Lenz.
Insurance law
The insurance law team led by practice leaders Tobias Lenz ("leading name") and Carsten Laschet, with a core area of expertise in D&O and manager liability, also advises on construction, fire and industrial damage, replacements and recalls. There is also many years of experience in the area of product liability.
JUVE Handbook Business Law 2020/2021
Product liability
The Cologne office is one of the most renowned addresses for manager and product liability. The team around Lenz and Laschet, clearly positioned on the side of insurers, stands for the handling of major claims and consulting on product safety including recalls - currently in connection with e-cars, for a kitchen furniture manufacturer and a German household appliance manufacturer due to chemicals in the USA and Canada. The know-how of the partners was particularly valuable during the Corona crisis, for example when they took an oath in the spring regarding business interruption insurance or when medical products such as masks and protective visors were introduced. In order to broaden the commitment, it would be advisable to intensify the already visible cooperation with the Freiburg office, which is known for corporate law disputes.
Strengths: Experience with major claims; advice on D&O coverage and liability.
Often recommended: Tobias Lenz ("pragmatic negotiator", competitor), Carsten Laschet ("competent, objective, good", client; mainly product liability)
Team: 2 Partners, 1 Counsel, 4 Associates
Focal points: Recalls and settlement of major claims, also internationally. Regular advice to insurers. In addition, distribution law and project-related disputes. Disputes under stock corporation law, especially in Freiburg.
Clients: Allianz regularly in D&O claims; AIG regularly on product liability and coverage law, among others in connection with Cologne City Archives; former listed agricultural company in appraisal rights proceedings after cross-border merger; Endress+Hauser in appraisal rights proceedings against shareholders of Analytik Jena due to squeeze-out; kitchen furniture manufacturer on recall and recourse proceedings; household appliance manufacturer on prevention of recall due to chemicals; D&O insurer in connection with insolvency of a German kitchen manufacturer.
Insurance law
The Cologne insurance practice continues to be very much in demand, particularly in the areas of manager and product liability. Many mandates come about through the close relations of Lenz and Laschet in the insurance industry. The firm's clients include a large number of well-known D&O insurers whom it advises on complex claims. The close cooperation with our corporate and insolvency law practices regularly pays off. When it comes to product liability, the team often operates in a cross-border context, for example, when advising a household appliance manufacturer on the avoidance of a chemical recall in the USA and Canada. Here the firm benefits from its well-functioning best-friends network. The practice is also in demand in the corona area, for example, when advising an international medical company on insurance law regarding certifications, e.g. of face and respiratory protection masks. Accompanying a trading company after a hacker attack shows that last year's establishment of the Cyberrisk team, which operates at the interface to data protection, is bearing its first fruits and can be expanded.
Strengths: Long-standing cooperation of the team, especially in D&O and product liability cases.
Often recommended: Carsten Laschet ("competent and objective", client), Tobias Lenz ("specialist for D&O and liability cases, good man for product liability issues", competitor), Mike Weitzel
Team: 2 equity partners, 1 salary partner, 4 associates
Focal points: Disputes and litigation, especially D&O insurance, manager liability, increasingly related to insolvency. Besides recourses. Specialization in environmental liability. Also active in product liability (trade and liability) for insurers and manufacturers.
Clients: Manager liability: Allianz regularly in D&O claims; Chief Financial Officer on D&O case in international investment; investment company on D&O claim and CFO fraud. Liability: Household appliance manufacturer in avoiding recall of chemicals in the USA and Canada; AIG regularly in product liability and coverage law, among others in connection with Cologne City Archives; insurer in case of liability loss after serial water damage; automotive supplier in recall of locking systems; international companies in certification of medical products in connection with corona pandemic; kitchen furniture manufacturer and tire manufacturer in recall consulting. Property insurance: building insurer in the event of a major loss following an explosion in a chemical plant; energy producer due to damage to a coal-fired power station; telecommunications provider due to glass fibre damage; trading company in the event of a hacker attack on suppliers.
The Legal 500 Germany 2020
The insurance law practice around Tobias Lenz and Carsten Laschet shines especially in disputes concerning manager liability and D&O insurances with "thorough work with analytical depth and strategic view. Very sophisticated pleadings and meticulous handling of recourse proceedings against manufacturers and contractors."
"The team displays a high level of insurance law know-how and maintains connections to the insurance industry."
"The Cologne team around Tobias Lenz is specialized in insurance law, especially in the areas of product liability and manager liability (D&O). Particularly noteworthy are both the national and international litigation practice, especially in complex major loss cases, and the team's technical understanding."