Conflict Management: Litigation, Arbitration, Mediation
Wherever people interact, conflicts arise, and business establishments are no exception. We manage your company’s conflicts: strategically, efficiently and always with business considerations in mind.
THE SPECIALISTS AT TCI RECHTSANWÄLTE FOR Conflict Management (Litigation, Arbitration, Mediation) ARE
Dr. Truiken J. Heydn
Dr. Michael Karger
Partner, certified specialist for information technology law, certified specialist for administrative law
Partner, certified specialist for employment law
Dr. Andreas Stadler
How we work
- We assess the economic factors of the conflict (amount in dispute, costs, your internal costs)
- We determine your interests and the interests of the other party, including any third parties involved
- We identify the possible ‘conflict underlying the conflict’
- Determine the personal elements that could be a (contributing) cause of the conflict
- We provide comprehensive advice at the early stage of a developing conflict. Court proceedings are always more expensive than an out-of-court settlement under legal guidance
- We develop a comprehensive strategy, taking your interests and business factors into consideration
- We assign priority to a rapid and low-cost out-of-court settlement of a dispute over lengthy proceedings before courts or arbitratral tribunals
- We advise against filing claims if the costs of pursuing the claim would exceed the value of the claim – even if the chances of winning are good
- With our extensive experience in handling cross-border disputes, if neccessary in cooperation with foreign attorneys, we have cases with foreign implications under control (applicable law, competent court, cross-border taking of evidence, service and enforcement abroad, international arbitration)
- We work efficiently and always keep your costs in view
- Wherever possible, we work completely digitally and paperless
How we excel
- Special expertise in managing disputes involving a complex technical background
- We value direct communication with your engineers and technicians
- We learn how your products and services work.
- We understand the technical facts underlying the case.
- We place particular emphasis on a clear account when presenting the technical issues and our legal conclusions to courts and arbitral tribunals.
- We explain the key technical issues to the court using both words and images, diagrams or videos.
What we can do for you
- Conduct out-of-court dispute resolution designed to avoid lawsuits.
- Act as counsel in litigation before the German courts.
- Act as counsel in litigation before the Courts of the European Union.
- Support you in arbitration proceedings before institutions (e.g. DIS, ICC) and in ad hoc arbitration proceedings in Germany and abroad (both as counsel and as arbitrator).
- Support you in mediation proceedings in Germany and abroad (both as counsel and as mediator).
- Assist in litigation before foreign courts in close collaboration with foreign law firms.
- Advise and assist you on PR issues related to litigation, including the drafting of press releases for your company and the coordination of their prompt publication after a court judgment in close cooperation with your PR agency.
- Enforce foreign court judgments and arbitral awards in Germany.
- Assist with the execution of German court judgments and German or international arbitral awards in foreign countries in close cooperation with foreign law firms.
Our members have experience in the following areas (selection)
- Arbitrator in numerous international and domestic arbitration proceedings and mediator, inter alia, on the following topics: Termination of IT projects, agile project methods, warranty for electronic measuring devices, software defects, patent licenses in the pharmaceutical sector, post M&A disputes in the IT industry, E-commerce, outsourcing
- Manage numerous legal disputes for software vendors and clients in connection with IT project crises and the termination of IT projects
- Manage numerous disputes between software vendors and user groups (for both software vendors and user groups) on topics including software licensing in virtual environments
- Advisors and counsel to a manufacturer of electric vehicles against a supplier due to defective electric motors
- Litigation of data loss due to malware attack
- Manage several legal disputes for a publishing house due to improper use of database accesses
- Advisors and counsel to several foreign software manufacturers in connection with license audits
- Advisors and counsel to a hardware distributor due to termination of a distribution agreement
- Counsel to a software manufacturer in litigation with a used software dealer for copyright infringement through all instances up to the European Court of Justice
- Counsel to a receiver in bankruptcy of a major German company through all instances before the courts of law and in arbitration on the question of the protection of patent licenses in insolvency
- Counsel in proceedings concerning the permissibility of arbitration through all instances
- Complaint of a software provider against a licensee for insufficient licensing
- Counsel to a hardware manufacturer in numerous competition proceedings for an alleged breach of labeling obligations with the successful defense of the abuse of law
- Counsel to a U.S. software manufacturer before the European Union concerning an appeal against the registration of Community trademarks
- Counsel in numerous litigation and out of court disputes for a software manufacturer for software maintenance fees
- Counsel in litigation involving a US manufacturer of uninterruptible power supply systems on the issue of whether a product complies with a specific technical standard
- Counsel to a Chinese company in ICC arbitration proceedings over the purchase of a production line
- Counsel to a semiconductor company in a post-M&A dispute over product-related non-compete undertakings
- Counsel to a software manufacturer in a dispute against a distribution partner relating to the termination of a distribution agreement
- Counsel to a manufacturer of memory chips in litigation for damages for criminally tampering with chips
- Counsel to an electronics company in litigation relating to a disaster in a data center