Germany has a long history of arbitration resulting in a highly developed and internationally renowned commercial arbitration bar, which continues to go from strength to strength. This is demonstrated in our research with 39 outstanding individuals featuring in this chapter, an increase of two on our previous edition.

Partly as a result of the global financial crisis, fraudulent and corrupt activity has come under close scrutiny in the past few years and in Germany, as in other countries around the world, enforcement has been stepped up. For claimants, the most important aspect is the recovery of what is rightfully theirs and hence the development of the asset recovery legal marketplace to cater to this demand. Four lawyers are recognised for their exceptional abilities in this field.

This chapter lists lawyers from international, full-service firms and domestic sets, a testament to the competition within the field and need for varied expert counsel. Our research features 13 lawyers, with the largest contingents from Freshfields Bruckhaus Deringer LLP and Urwantschky Dangel Borst & Partner.

The German banking sector has been hailed as a safe haven in debt-ridden Europe and recent statistics published by the Bank for International Settlements show that cross-border lending by international banks to their German peers increased by $271 billion in the first quarter of 2012. A lot of attention has been paid to the discussions relating to a European bailout fund and the constitutional court ruled in September that Germany can take part in the fund and ratify the European fiscal treaty. From January 2013, new regulations and heightened supervision of the sector is expected with the ECB gaining new powers to scrutinise banks. In this sector we recognise 23 leading individuals.

Business crime defence lawyers have had an exceptionally busy year with those lawyers we spoke to citing an increase in advisory work as well as the volume and complexity of cases. The continuing growth of this sector is reflected in our research with 41 lawyers featured in this chapter in this edition, an increase of four on our last edition.

In a period of unprecedented volatility for the European capital markets, lawyers in the eurozone’s largest national economy are wrestling with the demands of an ever-more complex marketplace. We list the 23 leading capital markets lawyers in Germany in this chapter.

According to our sources, the German marketplace has become increasingly litigious in recent years, with reports of a more Americanised approach to suits and disputes, and a rise in transnational conflicts. This chapter features 28 of the country’s leading commercial litigators, all with diverse practices ranging from sports litigation to traditional corporate matters.

After a lengthy parliamentary struggle, the German Mediation Act was passed into law in July 2012 with the model of court-integrated mediation incorporated into the Act. The Act also includes financial incentives to encourage mediation and the enforceability of settlement agreements reached through the process. Against this backdrop, the use of mediation is expected to continue to pick up pace. We recognise seven leading mediators in this chapter.

Recent years have seen a definite trend in the increased prosecution of cartels in Germany. With enforcement at the top of Federal Cartel Office’s agenda, many competition lawyers have found their practices mirroring this development, especially with M&A activity still relatively slow due to the economic turmoil in Europe. In this chapter we feature 48 lawyers.

The construction industry in Germany continues to weather the storm of global financial difficulty, as investment in construction and real estate projects remains stable. Energy projects are expected to increase in the near future, as the government’s commitment to phase out reliance on nuclear power means the infrastructure for more traditional resources such as oil, gas and coal will need updating. Construction lawyers are therefore predicting a steady stream of work. Our research identifies 19 outstanding practitioners in the field.

Corporate governance has become increasingly important as slow re-growth after the financial crisis forces companies to reconsider their positions. We have listed 26 business-minded lawyers in this chapter.

Last year we reported on the trend of inbound immigration fuelled by the 2005 immigration law which has made it easier for highly skilled workers to enter the country. Our sources explained that the activity levels remain steady: traditional advisory work continues to be the bread and butter of immigration practice, but there have been slight increases in work from the financial, retail and consumer services sectors. Clients continue to retain the services of known experts, of which our findings indicate there are few. Once again we feature four inclusions in this year’s chapter.

The eurozone debt crisis continues to place strain on companies’ working capital and as such reorganisations and restructurings continue to be the mainstay of tax lawyers’ practices. Litigation also remains active as the tax authorities maintain an aggressive approach. Forty-four practitioners are selected for inclusion in this field.

Throughout the world environmental issues are now an essential consideration for any business – and Germany is no different. The government’s commitment to reduce reliance on nuclear energy by closing all nuclear power stations by 2022 means that regulation of alternative forms of power is forming a large part of lawyers’ practice. This year, our research identifies 19 practitioners who stand out for their knowledge and expertise.

The franchise industry in Germany remains busy despite economic difficulty, with a notable growth in international work. Lawyers are expecting this trend to continue into the future, and our research identifies seven outstanding practitioners for their work in this area.

The insolvency law marketplace in Germany is a fairly competitive space where no single firm dominates, and our research identifies a significant portion of selected lawyers from domestic and boutique firms. Our sources explained that the main thread of work emanates from financial restructurings and reorganisations, spanning a range of industries, and a stronger crossover with traditional corporate work such as M&A, whose activity levels continue to rise. We identify 23 leading insolvency and restructuring lawyers.

Solvency II continues to be a driver of M&A activity in the insurance and reinsurance sector. Although insurers have until January 2014 to adopt the directive, they are beginning to make strategic decisions about their lines of business and are concentrating on their balance sheets. On the contentious side, directors and officers remained the most active line of insurance due to worldwide financial difficulties. In this chapter we select the 17 finest lawyers who are “well equipped” to handle the most complex of cases and transactions in this sector.

Internet, e-commerce and data protection remains a huge practice area in Germany, with more complex outsourcing transactions requiring specialised advice. An increase in the use of cloud computing and social media has also required more effective data protection strategies to be developed. Our research identifies 60 lawyers from this thriving practice area.

Lawyers practising in the life sciences sector in Germany have seen a steady stream of work over the last few years. A focus on developing new products has resulted in a range of demand for legal services, from new innovators to multinational companies. Combined with recent regulatory changes to drugs advertising and stricter rules on counterfeit medicines, practitioners are expecting to remain busy. Our research highlights 24 outstanding attorneys, from 19 different firms.

The German labour market has experienced a positive shift in the past year with a refocus on compliance requirements and employee retention, largely due to the improved economic conditions in the country. Companies are seeking to rebuild their work forces and are keeping lawyers as busy as ever. We list 42 experts in this chapter.

While Germany has remained robust during the global economic crisis, it has not been completely unaffected and M&A deals have slowed over the last few years. However the increase in deals over the first half of 2012 could be a cause for cautious optimism. Our research reveals 30 exceptional lawyers who are leading the way in M&A.

Germany may have cause to lean on its oil and gas industries after announcing plans to phase out nuclear power, a source which currently generates 17.7 per cent of their electricity. Although, with the opening of the second line of the Nord Stream gas pipeline later this year, it seems they will not be left lacking. The strength of the industry is demonstrated by the number of lawyers included in this section which has doubled since our 2012 edition. We now list seven outstanding lawyers in the oil and gas sector.

The German patents market has seen a number of high-profile cases in the past year, largely in the telecommunications, electronics and design fields. Lawyers explained that there has been a trend of increased litigation activity and a willingness to pursue prosecutions. The reasons differ from case to case but due to a number of technological advances, particularly in the mobile phones sector, clients recognise the highly competitive margins and seek to aggressively protect them more so than ever. We list 37 patent litigators and attorneys below.

Despite the challenging climate, the last year has seen several German funds launched successfully. However, with the increasing amount of regulation in the area at both a national and EU level, it is becoming an increasingly complex area. We select 17 lawyers with the multi-disciplinary skills required to advise on fund structuring, tax issues and regulations.

Work in the product liability field continues unabated with an increase in cases in the medical and automobile industries. With many crucial issues surrounding product liability still unresolved, work in this area demands the highest intellect and most creative legal minds. We have included the 11 best German product liability lawyers in this chapter.

The global financial crisis has had an unfortunate effect on the project finance market in Germany. The state of the economy means many national lenders remain cautious and government austerity measures have reduced state investments. However, many large international projects have not been deterred and continue to keep German project finance practices busy. Here we list three excellent project finance practitioners.

The German public procurement marketplace remains difficult as lawyers continue to assimilate to the EU rules which allows greater access for businesses to the markets in 2011. However, they must now contend with reduced state budgets and clients placing pricing pressures on counsel. We list 13 experts below.

The real estate market in Germany is slowly improving. In the second quarter of 2012 it was the top performing European commercial real estate market, according to the Royal Institution of Chartered Surveyors. While there remains a fair amount of distressed work such as the selling of debt portfolios, lawyers are cautiously optimistic about the coming year. Thirty-five lawyers stand out for their exceptional abilities in this field.

Germany truly leads the way in regulatory communications with a new 4G phone network, one of the biggest television markets in Europe and leading intelligent transport communications systems. We have listed 18 leading lawyers in this exciting and developing industry.

The German legal marketplace has been affected by significant changes in the past year concerning the EU’s trade defence law and anti-dumping regulations affecting non-market exporters. Lawyers explained that the changes in law have generated more compliance and advisory work, particularly from foreign companies seeking to start operating or trading in Germany and the rest of the European Community. Although the practice area is increasingly active, specialists are well known but few in number. We recognise the four leading practitioners in this field.

The German courts have an excellent reputation for IP litigation and as such attract a vast number of international clients seeking to enforce their trademarks. We select 36 lawyers on the cutting edge of trademark law in Germany.

Bardehle Pagenberg Partnerschaft

With over 2,500 lawyers based in 28 offices worldwide, Freshfields Bruckhaus Deringer LLP is an elite law firm and our Germany firm of the year 2012. Its outstanding presence in Germany is firmly established with over 500 lawyers working nationwide in offices in Berlin, Cologne, Düsseldorf, Frankfurt, Hamburg and Munich. In this edition, the firm has an impressive 65 listings across a staggering 24 chapters, demonstrating its excellence in over three quarters of our practice areas.

Dating back to 1949, Gleiss Lutz is one of Germany’s leading full-service law firms with offices in Berlin, Düsseldorf, Frankfurt, Hamburg, Munich and Stuttgart, as well as Brussels. Although primarily a national law firm, Gleiss Lutz has an established global network allowing it to serve clients’ international needs. With almost 300 lawyers, the firm has the combined expertise and experience to handle the most complex cases and projects and counts among its clients leading German and international companies. The firm achieves 36 listings across 15 practice sectors in this edition.

Hengeler Mueller is a world-class international firm with a proud German heritage. Created in 1990 by the merger of two long-established German firms, Hengeler Kurth Wirtz and Mueller Weitzel Weisner, Hengeler Mueller is now a player on the international stage with offices in Brussels and London. The firm has a strong presence in Germany with over 250 lawyers in Berlin, Düsseldorf, Frankfurt and Munich and has a high-profile client list, which has included 22 of the 30 DAX companies. The firm ranks highly in our research with 43 first-class lawyers chosen from 16 practice areas.

Established through the merger of Hogan & Hartson and Lovells in 2010, Hogan Lovells draws upon 112 years of tradition. A global legal services provider, the firm has 40 offices throughout Europe, the US, Latin America, the Middle East and Asia. In Germany, the firm has established a “strong local presence” through its five offices in key business centres and is particularly “renowned” in the fields of intellectual property and product liability defence. The firm’s commitment to excellence and to understanding its clients’ businesses and industries has ensured that it is a “global leader”. The firm achieves a total of 19 listings across 11 practice sectors.

LUTHER RECHTSANWALTSGESELLSCHAFT MBH

Established in 1950 as a small Munich-based firm, Noerr LLP has since developed an international reputation for “excellent service” across a full range of sectors. It has retained a strong presence in its home country with offices in Berlin, Munich, Dresden, Düsseldorf and Frankfurt, and is frequently recognised as a stand-out firm in Germany. In this year’s edition the firm excels across 11 practice areas, with a total of 20 lawyers listed.

Our researcher April French interviews Clemens Heusch, head of European litigation at Nokia, one of the world's largest mobile phone makers. He explains his role within the company and the recent patent litigation surrounding Android smartphones and systems in the European market.