Since its formation as a Rechtsanwaltsgesellschaft mbH in 2010, FF FinanzRecht® has advised national and international private and corporate clients, with a particular focus on advising members of governing bodies — that is, management board members and supervisory board members of financial services undertakings.
Since 2014, Dr Froehlich has served as an expert adjudicator (Schiedsgutachter) appointed by the Bar Association of Munich and Upper Bavaria. This role concerns, in particular, cases involving the binding opinion procedure under legal expenses insurance (Stichentscheid) and, in older insurance matters, cases under section 18(3) ARB 1994 — where the firm is situated in the district of the Munich I Regional Court, that is, in a judicial district other than that in which the lawyer instructed by the policyholder has his or her office.
In all legal expenses matters, up to and including more complex questions of D&O insurance law, we represent clients against legal expenses insurers who refuse or dispute their obligation to indemnify, or who otherwise withhold payment properly due by placing an idiosyncratic construction on the clauses of the ARB terms laid down by the insurance industry.
In our longest engagement to date, a member of a governing body responsible for risk controlling at a former DAX-listed group required assistance over many years in defending damages claims brought in model proceedings for capital investors (Kapitalanleger-Musterverfahren). For sixteen years we advised in parallel against the opposing claimants, carried out complex coordination work in relation to the D&O cover, and — not least — acted against the client’s own former DAX company, through to the complete conclusion of the matter and final settlement by way of payments from the D&O insurer and the excess layer insurer.
Members of governing bodies of a company in crisis in particular — having paid substantial premiums over many years — repeatedly encounter out-of-court resistance from the specialist law firms instructed by D&O insurers. Experience shows that in such cases it is of considerable value to have at one’s side counsel who is strong, effective in asserting a position, and experienced in litigation.
Here it is character that counts, not the name of a large firm.