Litigation

Successful representation in litigation is based on practical experience with the particular tactical and legal circumstances and with the person-related situations before court and on the understanding of the business models operated by the clients. Relevant experience in legal proceedings is necessary for defending against unjustified lawsuits as well as being indispensable for the enforcement of rights. During the course of the representation of middle-sized companies and international global corporations from the industries of information technology, media & entertainment, publishing, gaming and gambling as well as car rental Dr. Leupold has repeatedly led proceedings with high dispute values that have led to important leading decisions at the German Federal Supreme Court. In addition to this Dr. Andreas Leupold has repeatedly been cited in different high court landmark decisions and rulings. He mainly takes over litigation representation in the areas of information technology law, media law, gaming and gambling law, competition law, data protection law, copyright law, contract law, trademark law and licenses before German courts.

Since May 2008 the Directive 2008/52/EC of the European Parliament and the Council regulates certain aspects of mediation in civil and commercial matters and on July 26th, 2012 the Mediation Act took effect in Germany. Dr. Andreas Leupold completed his training as a business mediator at the Federal Association for Mediation in Business and the Working World (Bundesverband Mediation in Wirtschaft und Arbeitswelt e.V (BMWA)) in 2006. Important tools in mediation are consensus finding and conflict escalation according to Friedrich Glasl and the determination of interests behind the positions taken by the parties in dispute as they are also expressed in the so-called Harvard concept. Business mediation does not only offer one way to time- and cost-saving clarification of disputes with other companies and does not only save business resources but also reduces the danger of exploitation of the conflict in the media and forms a basis for a sustainable resolution and settlement of dispute, which often only makes it possible to work together again in trustful cooperation. This is achieved by foregoing the transfer of responsibility for the decision to a state court or arbitration court to the benefit of solution found in own responsibility which generally better meets the interests of both parties and which knows no loser. It is the task of the unbiased and multi-partial mediator not to find the decision to the dispute but to support both parties in creating a mediation agreement that best corresponds to their actual interests.

Business mediation techniques are not only suitable for out-of-court settlement of disputes but also as a tool for the managing of complex projects and for the faster achievement of results in contract negotiations.

As a lawyer qualified in Germany (Rechtsanwalt) Dr. Andreas Leupold is also subject to the Professional Regulations for German Lawyers (BORA) when acting as a business mediator. With that it is particularly ensured that he is also subject to the professional obligation to secrecy for German Lawyers. As an obligation to unbiased neutrality is an integral part of mediation, it is not possible for him to act as a mediator in matters, in which he has already represented one of the parties as a German lawyer. Mediations are open-ended and since a function in such cases as an unbiased and multi-partial mediation is excluded due to the obligation to secrecy regarding the information which has become known in the course of the mediation and the prohibiting ban on representing the conflicting interests, it is necessary to carefully consider whether Dr. Andreas Leupold should be active as a mediation or whether it could make more sense in such cases, where later litigation cannot be excluded, to have the mediation dealt with by others, so that Dr. Andreas Leupold is able to take over the representation as a litigator in court proceedings.