Dr. Damian Hecker

Dr. Damian Hecker focuses his practice on litigation in commercial law and corporate law disputes. Damian has more than 30 years’ comprehensive experience rendering advice, particularly in litigation, dispute resolution, and as an arbitrator. He advises clients on commercial-law and corporate-law matters of all kinds, especially regarding the configuration of articles of association and partnership agreements, and assisting in disputes between shareholders. A further focal point is defence against all forms of compensation claims, predominantly claims made against Board of Directors members and managing directors due to allegedly duty-breaching exercise of office (corporate officers’ liability).

Provision to Curb “Torpedo Actions” also Applies to Asymmetrical Jurisdiction Agreements

By , and on Feb 13, 2024
Posted In Court Judgment, Transportation & Logistics, Germany

In summer 2021, the German Federal Court of Justice ruled on a dispute between the insolvency administrator of the airline Air Berlin and its main shareholder Etihad Airways over millions in damages that had been going on for several years. From a procedural point of view, the Federal Court’s findings on so-called “torpedo actions” are...

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D&O Insurances and Acting Board Members have the Same Burden of Proof in Direct Proceedings with the Injured Company

By , and on Feb 10, 2024
Posted In Court Judgment, Germany

In a recent decision, the Higher Regional Court of Cologne dealt with the extremely topical issue of the distribution of the burden of proof in a direct lawsuit brought by a company against its D&O insurer. The Decision of the Higher Regional Court of Cologne In the case decided by the Higher Regional Court of...

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Executive Board and Managing Directors Not Personally Liable for Anti-Trust Fines Imposed on Company

By , and on Feb 8, 2024
Posted In Court Judgment, Germany

In summer 2023, the Higher Regional Court of Düsseldorf ruled that board members and managing directors are not personally liable for fines imposed on a company. The Decision of the OLG Düsseldorf The case in question concerned recourse claims by two stainless steel companies against their former board member due to his involvement in a...

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