THINKING LITIGATION.

Rohnke Winter

THINKING LITIGATION.

Rohnke Winter are barristers at the German Federal Supreme Court. We also act as arbitrators and provide expert opinions. Christian Rohnke and Thomas Winter think in all dimensions.

Rohnke und Winter - Über Denken

Thinking · Again

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Keep · Thinking

Rohnke und Winter - Mit Denken

Thinking · Together

Rohnke und Winter - Über Denken

Thinking · differently

Rohnke und Winter - Voraus Denken

Thinking · Ahead

Rohnke und Winter - Ein Denken

Thinking · Across

Rohnke und Winter - Durch Denken

Thinking · Deeply

Rohnke und Winter - Nach Denken

THINKING · THROUGH

LAWYERS

PROF. DR. CHRISTIAN ROHNKE

DR. THOMAS WINTER

REPUTATION

It is our objective to convince you as our client and colleague of the quality of our briefs and presentation at oral argument. We aim to build long-term relationships. We are grateful for  recommendations and for the recognition our work has found in the past.

"Surprisingly, Rohnke Winter (...), were even able to slightly increase their market share."

juve.de | 29.11.2021 | translated from German

More lawyers than ever before participated with recommendations in our ranking on lawyers at the “Bundesgerichtshof” (Federal Supreme Court). Surprisingly, Rohnke Winter […] were even able to slightly increase their market share. 

This time, for the first time, a three-digit number of recommendations went to a single lawyer: exactly 100 to Prof. Dr. Christian Rohnke. “Sovereign”, “convincing”, “good standing at the Federal Supreme Court”, praise participants in the JUVE survey. Rohnke’s law firm partner Dr Thomas Winter is in second place in the individual ranking with 76 recommendations. Among other things, they say about him:  “Excellent team player, seeks intensive coordination with clients and the lawyers from the instance”.

Prof. Dr. Christian Rohnke

“with him you can – hardly – lose”.

Translated from Juve Handbook 2020/2022

“strong BGH lawyer in intellectual property law”. 

Translated from Juve Handbook 2019/2020

“excellent, pleasant to deal with”

Translated from Juve Handbook 2017/2018

Rohnke & Winter

dr. Thomas Winter

“can grasp complex legal issues extremely quickly”.

Translated from Juve Handbook 2020/2021

“excellent lawyer, excellent briefs”.

Translated from Juve Handbook 2019/2020

“extremely smart and assertive, also in verbal proceedings”.

Translated from Juve Handbook 2017/2018

A selection of our cases

The cases we have successfully litigated before the Federal Supreme Court are evidence of our work. We have gathered a small selection that shows the scope of our work. We have deliberately limited the number of examples.

II ZR 312/19

Judgement: 23.11.2021

The Bundesgerichtshof (Federal Supreme Court) rules in favour of our client that shareholders of the target company are only entitled to a fair consideration in the event of a takeover under the WpÜG if they accept the offer. The court also clarifies that a non-accepting shareholder also has no claim for damages if the offer price subsequently proves not to be reasonable.

I ZB 21/21

Judgement: 9.12.2021

Our appeal against an order declaring an arbitral award against our client for payment of more than EUR 142 million enforceable is successful. The Bundesgerichtshof (Federal Supreme Court) further develops the case law to the effect that a violation of an arbitral party’s right to be heard can also lie in the fact that the Higher Regional Court perpetuates a violation of the arbitral tribunal’s right to be heard in the event of non-remedy.

IV ZR 144/21

Judgement: 26.1.2022

In its landmark decision, the Bundesgerichtshof (Federal Supreme Court) rejects claims against the insurer we represent due to plant closures in the course of the Corona pandemic. The reasons for the judgement allow the conclusion that the enforcement of such claims against other insurers is unlikely to be considered.

Verzeichnis nach Senaten

Thinking · Again

Rohnke Winter think again – about their own position. While strongly advocating our client’s case in litigation, we offer a clear and detailed assessment of chances and risks during internal discussions. But whatever the direction, we always remain focused on a single goal: our clients’ ultimate success.

Keep · Thinking

Rohnke Winter keep thinking. As barristers at the Supreme Court, we complete the work that has been begun by our colleagues before the trial courts.

If the client was successful before the Court of Appeals, we defend the judgement against the opponent’s attacks. We do not simply repeat the reasoning of the court but reinforce it with additional arguments. We critically examine negative judgements. On Appeal, we throw into sharp relief any procedural or substantive errors of law. If the Court of Appeals has not granted leave to appeal to the Supreme Court, we aim to convince the Supreme Court of the importance of the case and the need to correct the lower court’s judgement.

Thinking · Together

Rohnke Winter think together – with you. No matter whether you contact us as client, colleague or associate, we welcome your suggestions.

We invite colleagues who have conducted the litigation in the lower courts to join our work on the case. We do not consider your constructive criticism as a distraction – on the contrary, we expressly desire it.

We welcome colleagues who are independently minded and excel intellectually. The quality of your work improves our briefs.

Thinking · differently

Rohnke Winter think differntly. We see our Bar as a proven institution for the best possible protection of our clients’ interests in the third instance. At the same time, we see ourselves as modern service providers to whom status thinking is alien. Our correspondence lawyers and our clients can expect not only excellent legal handling of their matters, but also uncomplicated and service-oriented cooperation. We regularly send our drafts as working documents in Word format. We do not regard mark-ups as interference, but as a suggestion on the way to the best possible brief. This interaction helps our clients, not least in the efficient handling of mass proceedings.

Thinking · Ahead

Rohnke Winter think ahead. We are prepared to assist in complex litigations at the trial court level. Together with the lead attorneys at these stages we ensure an optimal preparation for the appeal to the Supreme Court. In our role as legal experts, we exhaustively analyze the problem submitted to us. This provides the client with a reliable basis for their strategic planning – be at litigation or an amicable solution. We actively participate in academic debate with our publications.

Thinking · Across

Rohnke Winter think across boundaries, across all fields of civil and commercial law. In founding our law firm, it was our core objective to offer high quality legal services in this broad field. Our legal specializations and personal experiences are complementary: Christian Rohnke offers the experience and knowledge gained in many years as a partner of a major international law firm, and Thomas Winter supplies the know-how of appellate litigation practice dating back to 2003.

The scope of our work is evident in the cases we have successfully litigated for our clients. Opinions of third parties show the appreciation of our thinking.

Thinking · Deeply

Rohnke Winter think deeply about legal disputes. We aim to be equally convincing both as arbitrators and as barristers. We are working an arbitral with the objective to find a fair and correct resolution of the dispute. We are regularly appointed as arbitrators in IP and energy law disputes.

THINKING · THROUGH

Rohnke Winter think things through. We focus our pleadings on the issues that are relevant before the Supreme Court and resolve them in depth and detail using case law and academic writings. Our arguments are based not merely on our legal experience. We understand the underlying business interests, technological background and industry-specific features of our cases.

Where no Supreme Court precedent exists, we develop creative and well-founded solutions. We are always guided by the principle that complex thinking has to be expressed in a clear and lucid manner.

PROF. DR. CHRISTIAN ROHNKE

Prof. Dr. Christian Rohnke studied law in Munich, Geneva and Austin (Texas), where he was a Fulbright scholar. He holds a Master of Comparative Jurisprudence and was awarded the degree of Dr. iur by the Ludwig-Maximilians-Universität in Munich for a dissertation on international antitrust law. Before his election to the bar of the Federal Supreme Court, Christian Rohnke practiced as Attorney-at-law in New York City and as Rechtsanwalt in Munich and Hamburg. For many years he was a partner in a leading international law firm where he was part of the German management team. Since 2003 he is Adjunct Professor for Patent Law at the Technical University of Hamburg-Harburg. After his admission to the Supreme Court Bar in 2014, he was a partner in the law firm von Gierke & Rohnke.

DR. THOMAS WINTER

Dr. Thomas Winter studied law in Saarbrücken, Nantes (France) and Freiburg. During his legal clerkship he was an assistant at the Max-Planck-Institute for Foreign and International Criminal Law in Freiburg. After obtaining his doctorate with a work on medical malpractice, he first worked for Boston Consulting Group and subsequently for the law firm Haarmann Hemmelrath. In 2003 he became an assistant of Prof. Dr. Krämer and an independent attorney in a law firm specializing in litigation. He was admitted to the Supreme Court bar in 2013 and subsequently became partner in the law firm of Krämer Winter.

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