Customers relationships with their banks as well as the management of bank transactions have always been of massive economic importance for businesses and entrepreneurs. For consumers, too, these issues are increasingly relevant. Banks, in turn, are facing an ever-increasing number of regulations covering their business activities, to which they have to respond with due consideration of legal aspects.
As a result of continuing lower interest rates many capital investors currently tend to favour non-transparent and risky investment models - offered for example by companies such as Lehman, Phoenix, S&K, Prokon or Infinus. The result: a growing number of court proceedings about the damage incurred. Our specialist banking lawyers have extensive experience in representing aggrieved investors, shareholders and investors in such litigation.
Proper advice and representation in banking law issues requires accurate and current knowledge of the legal situation and of the ever-changing jurisprudence of the highest courts. Only a party, who is fully familiar with their own legal position and that of the opponent is able to develop meaningful and viable solutions, which are often crucial in this field of law - in particular where the financing of businesses or real estate is concerned.
In addition, legal evaluation of indigent capital investments and potential claim for damages against initiators, prospectus issuers and investment advisers or brokers, requires in part comprehensive research into the specific background: No lawyer specialising in banking law is per se aware of all investment models available on the market. Hence, an examination of the contractual bases and screening of the events as well as of the persons involved (and their financial situation) are indispensable in each individual instance. Because aggrieved capital investors always strive to proceed in an economically rational way to pursue their claims for damages to avoid throwing good money after bad through fruitless litigation steps.
Derra, Meyer & Partner has been active for many years in banking and capital markets law. Some certified specialist lawyers from our legal firm are trained bank clerks and, therefore, understand not only the concerns of bank clients but also those of the banks. Thus, they are especially well equipped to find a way to reconcile the interests of the bank and the client through reasonable and realistic solutions within the parameters of banking law - avoiding, where possible, having to go to court for the resolution of the dispute.
Investment law is a major focus of the lawyers working in the field of banking law. Many aggrieved investors turn to us to limit their damage and to have their claims evaluated and, if appropriate, enforced by us, or to protect them against further claims aimed against them. In so doing, an important first step is often to shed light on the seemingly impenetrable 'jungle' of contractual provisions and to identify the potential parties against whom the claim is to be directed - as well as on the flood of often unsolicited information and counselling services of 'investor protection lawyers'. We individually assist and advise clients also in this field and do not treat them as a 'number' in the 'bulk' business of banking law.
To foster communication and exchange of knowledge on similar cases we can also rely on a network of expert lawyers in banking law from all over Germany. Through our own offices in Italy and Poland and our membership in the DIRO European network of lawyers, we can also successfully advise and represent you in cross-border matters.