"At SCHIEDERMAIR, we place the focus on the client. We want to understand our client's concerns."
Team Kanzlei Schiedermair

Christian Falk

Christian Falk

German Attorney at Law since 2005
Certified Intellectual Property Law Specialist since 2010
Partner at SCHIEDERMAIR since 2013 (Senior Associate/Junior Partner from 2009 to 2012)
  

Practice Areas

  • Litigation, Arbitration and other means of Dispute Resolution in the Business and Commercial Law, Corporate Law, and Intellectual Property and Competition Law
  • Contract Drafting in the Business and Commercial, particularly Distribution Law
  • More than twelve years of experience advising and representing national and international clients
  • Routinely litigate before German courts and national and international arbitral tribunals
  • Litigation and Arbitration resp. Dispute Resolution focus: complex business and commercial matters, corporate law, in particular shareholder disputes, breach of contract, tort, and intellectual property and competition matters
  • Intellectual Property and Unfair Competition focus: branded goods and services, product design, advertising as well as German and EU product regulatory, safety and liability law

Practice Summary

Litigation and Arbitration

Christian Falk represents national and international clients and serves as plaintiff and defendant representative in all business law matters before German trial and appellate courts as well as before national and international arbitration panels. He has extensive and long-standing experience in the enforcement of, and defense against, complex business-contractual, commercial and corporate law claims, particularly in shareholder disputes and tort claims. Clients regularly call upon him to obtain and defend against emergency restraining orders and injunctions.

Expert knowledge for guiding a legal dispute is crucial even prior to starting litigation. Legal disputes have become globalized and often involve considerable economic risk to companies. Only a few things can damage a public reputation faster than a less-than-stellar dispute strategy. Together with his clients, Christian analyzes the economic impact of a conflict as well as the associated risks and weighs them against the potential benefits. If warranted, he pursues other means of dispute resolution and counsels his clients on how to avoid litigation. If litigation is inevitable or desired, he ensures that it is done in an efficient manner.

Christian’s practice often has an international facet as he works closely with clients and foreign local counsel on international litigation matters, international judicial and administrative cooperation efforts (such as taking evidence or engaging in pre-trial depositions), and on the enforcement of international judgments in Germany (for both civil and commercial matters).

Intellectual Property and Unfair Competition Practice

Christian advises and represents national and international clients in connection with competition and (un-) fair practices, trademark, domain name, utility/design patent and copyright matters. He reviews and helps to develop, create and (where possible) register IP rights as well as assists with advertising strategies and campaigns. Christian also pursues and enforces fair practice and intellectual property rights against competitors, infringers (e.g., piracy or plagiarism) and protects and defends advertising strategies, trademarks, company names, and other proprietary rights against illegal use by third parties. Finally, he drafts and negotiates license agreements, know-how transfer agreements, and R&D agreements.

Corporate, Business and Commercial Practice

Benefiting in particular from his litigation and dispute resolution practice, Christian advises clients on specific legal questions and concerns of “day-to-day” legal matters. He represents clients in product and services distribution issues where his clients range from manufacturers to consumers (whether in the field of franchise law, distribution law, or the law of commercial agents as well as with respect to general terms and conditions). Related to this area is also the termination of contractual relationships, minimizing liability risks, and resolving bankruptcy issues.

Industry Focus

Service-Providing Industries (such as Leisure & Hospitality, Professional & Business Services, Trade, Transportation & Utilities, and Medical & Health Care), Goods-Producing Industries (such as Manufacturing & Automation Technology, OEM, Food & Beverage, Fashion & Luxury, Fast-Moving Consumer Goods, Cosmetics & Over-the-Counter Goods), Media & Entertainment.

Representative Client Matters

Corporate, Business and Commercial Matters
(Advice and Litigation)

  • Representing a German public company, a regional energy supplier with several subsidiaries and affiliates (electricity, district heating, gas, water, energy-related services and renewable energy), in diverse shareholder disputes in connection with joint venture investments
  • Represent shareholders active in the investment, leasing, and management of luxury spa and fitness facilities in complex pre-trial and trial shareholder disputes
  • Represented a German company in enforcing its damage claim in excess of EUR 31 million against an internationally-recognized ship classification company in German litigation
  • Advised a large US company active in the field of audio, video and colocation/collaboration solutions technology at its market entry in Germany with comprehensive distribution contract drafting
  • Represent shareholders of a group of companies (renowned manufacturer of writing instruments) with international subsidiaries in asserting damages because of tax malpractice claims
  • Representation of a shareholder of a German vehicle conversion company in pre-trial and trial shareholder disputes
  • Ongoing representation of Tata Steel Germany GmbH subsidiaries, e.g., Kalzip GmbH, a seam roofing and wall cladding system provider, in several (cross-border) payment and warranty claims before various German courts
  • Represented shareholders of a group of rehabilitation hospitals, acute care hospitals, and medical care centers in complex pre-trial and trial shareholder disputes
  • Advise and consult one of the world’s largest producers of OEM products in various contractual matters with customers such as Siemens, Nokia Siemens Networks, and Sanofi-Aventis
  • Represented a French producer and distributor of hard case personal computers for industrial and military use in enforcing its EUR 2.9 million damage claim in Germany for the premature termination of a distribution agreement while an appellate proceeding was pending in France; also represented as creditor in two parallel insolvency proceedings in separate matters
  • Ongoing advise and representation of a global active US family company engaged as manufacturer of physical infrastructure equipment that support power, communications, computing, control, and security systems at its contract negotiations and drafting
  • Representing a German public company, a regional energy supplier with several subsidiaries and affiliates (electricity, district heating, gas, water, energy-related services and renewable energy), in various disputes with one of its former CEOs in several arbitration/mediation and litigation proceedings
  • Representing a Belgian diversified industrial holding company with a portfolio of companies in different segments, listed on Euronext, and its European subsidiaries in several pre-trial disputes and trials with business partners, such as trademark transfer disputes, lease disputes (commercial real estate), and bankruptcy disputes (insolvency and preferential claims)
  • Represented shareholders of the global leader in tunneling and mining equipment, a German company, in litigation in an extensive shareholder dispute
  • Ongoing advise and representation of a German start-up that produces and distributes wood-plastic composites in establishing its business, drafting and negotiating R&D Agreements, drafting terms and conditions, Non-disclosure Agreements and legal representation in litigation
  • Represented a US corporation specialized in the production and sale of AM/FM shortwave radios, emergency hand-crank and satellite radios in defending against damage and loss claims before a German court

Intellectual Property and Unfair Competition Matters
(Advice and Litigation)

  • Advising and representing a German specialty chemicals company listed on the NYSE in combating industrial espionage
  • Defense of a Russian start-up company active in the area of 3D scanner technology as well as individual persons in preliminary and inspection procedures (evidence-gathering procedures) against plagiarism accusations
  • Advised a US company in distributing its pyrotechnic goods in Germany to be used in electronic and automotive components and to design corresponding warnings and product labels
  • Advised and represented 3M in an international evidence-taking procedure in Germany for US patent litigation
  • Obtained an injunction on behalf of an Austrian producer and distributor of foods and commodities against a German public broadcasting corporation regarding an inaccurate report of its product prior to a TV broadcast in Germany
  • Advice and representation of a German vehicle conversion company in the judicial enforcement of claims for the transfer of technical IP rights and assignment of claims from patent applications (patent vindication)
  • Advised a German company that devises, produces, and distributes wood, plastic, and wood-plastic-composites to retailers for the construction industry in assessing its patent portfolio, registering its inventions as intellectual property, and in an unfair competition dispute with a competitor
  • Advised a US beverage company on how to legally design, promote, and market an energy drink throughout the European Union
  • Advised and represented a German company that distributes branded goods (food, health care, and medical devices) on its marketing and advertising campaigns, litigated claims (both as plaintiff’s and defense counsel) for unfair advertising and advised on an acceptable advertising campaign under German law as well as on the protection of trademarks
  • Advised an Austrian food producer on the application procedure to be able to make a claim that its foods reduce the risk of disease in accordance with the EU Health Claims Regulation
  • Represented a German fashion boutique against an international fashion label group of companies in a trademark infringement case
  • Represented an Italian fashion label company against a Norwegian company in Germany in trademark infringement litigation
  • Represented a global group of integrated companies providing business and leisure travel, hotel, restaurant, cruise and marketing services in trademark infringement litigation
  • Defended a German automation industry company against antitrust related allegations before a German court

Specific Arbitration Matters

  • Represented a German company with worldwide operations in the foodstuffs industry (equipment to handle livestock) in an international $20 million arbitration procedure under the rules of the Swedish Chamber of Commerce (SCC) in Stockholm, Sweden
  • Represented a US-based machine packaging manufacturer in an international arbitration procedure under the rules of the German Arbitration Association (DIS) in Frankfurt am Main, Germany
  • Represented an Austrian food company against claims brought by a Dutch fruit importer in arbitration held in Hamburg, Germany (Warenverein der Hamburger Börse e.V.)

Publications and Speaking Engagements

  • Zur Eigenständigkeit des Begriffs der Branchennähe (The Autonomy of the Concept of Proximity of Industry Sectors), in: GRUR 2012, p. 348
  • Attorney-Client Privilege: A Critical Topic for In-House Counsel of Multinational Companies, JUVE Handbook of Professional Law Firms 2009 (October, 2008)
  • Attorney-Client Privilege: A Critical Topic for In-House Counsel of Multinational Companies, TRENDS (September/October 2008)
  • EU's New Rules For Labeling, Advertising Foodstuffs, Guest column in Law360 (September 30, 2008)
  • The New EU Health Claims Regulation: Tightened Rules for Advertising and Labelling of Foodstuff, TRENDS (March/April 2008)
  • Combating IP Piracy And Counterfeiting In The European Union: The Strategic Use Of Confiscation, TRENDS (August 2007)

Professional Memberships and Activities

  • German Association of Intellectual Property and Copyright Law (Deutsche Vereinigung für Gewerblichen Rechtsschutz und Urheberrecht e.V. (GRUR))
  • German Arbitration Association (Deutsche Institution für Schiedsgerichtsbarkeit e.V. - "DIS")

Education and Career

Christian has been a German Attorney at Law since 2005 and Partner with SCHIEDERMAIR in Frankfurt since 2013. Although he is a Member of the firm’s Litigation and Arbitration Practice, he also focuses on corporate, business and commercial law matters as well as on intellectual property and unfair competition. Christian is a Certified Intellectual Property Law Specialist.

Prior to joining SCHIEDERMAIR in 2009, Christian was an attorney with the Frankfurt office of the US law firm FAEGRE & BENSON LLP, concentrating also on litigation and arbitration with a focus on intellectual property and unfair competition law and corporate and commercial law matters. Prior to that, he worked at the German law firm of HEUSSEN Rechtsanwaltsgesellschaft mbH (formerly PricewaterhouseCoopers Veltins) in Frankfurt where he advised on corporate and commercial law matters and also litigated and arbitrated disputes.

Christian also gained legal experience at the law firm of GOULSTON & STORRS in Boston as a Visiting Attorney where he was involved in international transactions and cross-border litigation and affairs, in the legal department of RWE Solutions AG (formerly TESSAG) in Frankfurt, and at DIVACO Beteiligungs AG & Co. KG in Frankfurt where he was involved in M&A transactions and divestitures.

Christian studied law at the Johann Wolfgang-Goethe University in Frankfurt and completed his post-graduate legal training period (Referendariat) in Frankfurt. During this period, he also completed a stint at the German Embassy in Manila, Philippines.

Languages

German
English